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4 N.J.A.R. 95

Motor Vehicles, Division of v. Morton, Michael S
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Citation: 4 N.J.A.R. 95
Decision Date: 1982
Agency: DIVISION OF MOTOR VEHICLES
Synopsis: The Division of Motor Vehicles sought to suspend the driver license of Michael S. Morton for two months because of an accumulation 12 or more points. Mr. Morton requested a hearing and the matter was transferred to the Office of Administrative Law. The administrative law judge found that the respondent had ac- cumulated 19 points and had previously attended driver improvement school. In addition, the judge found that respondent was 30 years old and supported himself as a sales represent ative for a surgical supply corporation. In this position, respondent was required to provide emergency service to the hospitals within his sales teritory which were accessible only if respondent drove his car. 1968) aff'd, 53 N.J. 55 (1968), respondent argued that his services as a sales representative, and thus his ability to drive, were essential to the hospitals he serves and therefore he should only be required to attend driver improvement school and not face an actual license suspension. The judge distinguished the two situations, finding that respondent's employment as a surgical sales representative was not equivalent to Fosgate's employment as a policeman; the judge found that respondent's employer had alternative ways of servicing hospitals and that the public interest the courts protected in Fosgate was not present in this matter. Accordingly, the administrative law judge ordered that respondent's driving privileges be suspended for one month.