Adjudged that the petition is granted to the extent that the determination is modified, on the law, by vacating the penalty; as so modified, the determination is confirmed and the proceeding is otherwise dismissed on the merits, with costs to the respondent, and the matter is remitted to the respondent for the imposition of a new penalty which shall in no event exceed a five-day suspension of the petitioner's new and used vehicle registration and a $1,600 civil penalty.<...
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