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STATE v. MORAN

No. A-3810-07T4

975 A.2d 480 (2009)

408 N.J. Super. 412

STATE of New Jersey, Plaintiff-Respondent, v. Laura MORAN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 28, 2009.

Attorney(s) appearing for the Case

Donald M. Lomurro, Freehold, argued the cause for appellant (Lomurro, Davison, Eastman & Munoz, P.A., attorneys; Jonathan H. Lomurro, of counsel and on the briefs).

Carey J. Huff, Assistant Prosecutor, argued the cause for respondent (Luis A. Valentin, Monmouth County Prosecutor, attorney; Ms. Huff, of counsel and on the brief).

Before Judges LISA, REISNER and SAPP-PETERSON.

The opinion of the court was delivered by

LISA, P.J.A.D.

This appeal calls into question the continued viability and constitutionality of N.J.S.A. 39:5-31, which provides:

The director or any magistrate before whom any hearing under this subtitle is had may revoke the license of any person to drive a motor vehicle, when such person shall have been guilty of such willful violation of any of the provisions of this subtitle as shall, in the discretion...

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