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PATEL v. NJ MOTOR VEHICLE COM'N

A-10/11 September Term 2008.

982 A.2d 445 (2009)

200 N.J. 413

Hina K. PATEL, Appellant-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent-Respondent.

Supreme Court of New Jersey.

Decided November 10, 2009.

Attorney(s) appearing for the Case

Michelle M. Tullio, Somerset, argued the cause for appellant (Lanfrit and Tullio, attorneys; Darren D. Papas on the brief).

Nicole T. Minutoli, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General of New Jersey, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Mala Narayanan, Deputy Attorney General, on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

N.J.S.A. 39:4-97.2 makes it unlawful for any person to drive a motor vehicle in an unsafe manner likely to endanger a person or property. The law imposes only fines for the first two violations, but it authorizes the New Jersey Motor Vehicle Commission (MVC) to assess motor vehicle penalty points, in addition to fines, for "a third or subsequent offense." N.J.S.A. 39:4-97.2(d). An assessment of points...

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