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DIV. OF MOTOR VEHICLES v. CARUSO

291 N.J. Super. 430 (1996)

677 A.2d 795

STATE OF NEW JERSEY, DIVISION OF MOTOR VEHICLES, PLAINTIFF-RESPONDENT, v. LOUIS CARUSO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 1996.

Attorney(s) appearing for the Case

Richard T. Kaltenbach argued the cause for appellant (Ferrara, Siberine, Woodford & Rizzo, attorneys; Mr. Kaltenbach and Paul A. Woodford, on the brief).

Vicki A. Mangiaracina, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Mangiaracina, on the brief).

Before Judges PETRELLA and PAUL G. LEVY.

The opinion of the Court was delivered by PAUL G. LEVY, J.A.D.

N.J.S.A. 17:29A-35(b) establishes a Merit Rating Plan under which the New Jersey Division of Motor Vehicles (DMV), levies surcharges each year on drivers who have accumulated six or more points on or after February 10, 1983, in the amount of $100 plus $25 for each point over six. Drivers convicted of operating a motor vehicle under the influence...

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