MacKINNON v. FERBER


16 N.J. Super. 390 (1951)

84 A.2d 647

JOHN MacKINNON, PLAINTIFF-APPELLANT, v. MARTIN J. FERBER, DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF LAW AND PUBLIC SAFETY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 15, 1951.


Attorney(s) appearing for the Case

Mr. Jacob R. Mantel argued the cause for the appellant.

Mr. John J. Kitchen, Deputy Attorney-General, argued the cause for the respondent (Mr. Theodore D. Parsons, Attorney-General, attorney).

Before Judges JACOBS, EASTWOOD and BIGELOW.


The opinion of the court was delivered by BIGELOW, J.A.D.

The appellant was convicted, first in July, 1931, and again in June, 1942, of driving a motor vehicle while under the influence of intoxicating liquor, contrary to R.S. 39:4-50. Since the statute provides that for a second violation of this section of the statute the culprit shall "forfeit his right to thereafter operate a motor vehicle over the highways...

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