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NO ILLEGAL POINTS v. FLORIO

264 N.J. Super. 318 (1993)

624 A.2d 981

NO ILLEGAL POINTS, CITIZENS FOR DRIVERS RIGHTS, INC., JAMES HENNING, ARLENE MEHLMAN, DOROTHY HAINES, ROBERT DAVIS, JR., ANTHONY HESSE, ROBERT HEFTY, ROBERT RYERSON, MARK DE FRINO AND BERNARD LAUFGAS, PLAINTIFFS-APPELLANTS, v. JIM FLORIO, GOVERNOR, SKIP LEE, DIRECTOR OF DIVISION OF MOTOR VEHICLES, SAMUEL FORTUNATO, COMMISSIONER OF INSURANCE, NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, MARKET TRANSITIONAL FACILITY, ROBERT J. DEL TUFO, ATTORNEY GENERAL AND THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 1993.

Attorney(s) appearing for the Case

Charles M. Izzo, attorney for appellant.

Robert J. Del Tufo, Attorney General, attorney for respondents Jim Florio, et al. (Joseph L. Yannotti, Assistant Attorney General, of counsel and John P. Bender, Deputy Attorney General and Valerie L. Egar, Deputy Attorney General, on the brief).

Francis & Berry, attorneys for respondent New Jersey Automobile Full Insurance Underwriting Association (Hugh P. Francis, of counsel and Peter A. Olsen, on the brief).

Before Judges PETRELLA, D'ANNUNZIO and KEEFE.

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

The issue presented by this appeal is whether the Division of Motor Vehicles (hereinafter D.M.V.) exceeds its statutory authority when it assesses points to a New Jersey licensed driver for motor vehicle violations occurring within the State of New Jersey. The matter arises out of a suit brought by a public interest group, No Illegal Points, Citizens for Drivers' Rights, Inc., a non-profit New Jersey Corporation...

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