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5 N.J.A.R. 182

Motor Vehicles, Division of v. Dignes, Scott L
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Citation: 5 N.J.A.R. 182
Decision Date: 1982
Synopsis: The Division of Motor Vehicles sought to suspend the respondent's New Jersey Driver License for 60 days,, pursuant to the Interstate Driver License Compact, N.J.S.A. 39:50-1, because le had been con- victed in New York State for driving there while under the influence of intoxicating liquor. The administrative law judge assigned to the case found that the penalty imposed upon the licensee in New York was a conditional discharge with mandatory attendance at a drinking-driving program. At the same time the minimum mandatory period of suspension in New Jersey for a first offense of operating a motor vehicle while under the influence of liquor was a 60 day license suspension. The adminis- trative law judge rejected the respondent's argument that he had paid the penalty imposed by New York and that New Jersey should not impose a greater penalty. The judge noted that New Jersey courts have consistently declared that drinking-driving offenses involv e extraordinary danger of injury and should receive strict penalties. In addition, the statute was clear in providing for a choice between the suspension penalty imposed by the foreign state and the suspension mandated by the home state. In this case, no such choice was available because there was no suspension in the foreign state. The judge also concluded that on the basis of the statute, the law of the home state should be applied by the home state to citizens who commit violations in other states.
Statute(s) Cited: 39:50-1 
Citation Tracker rejected, Comm. of Ed.; affirmed -State Bd. of Ed.; reversed -194 N.J. Super. 181 (App. Div. 1983) [Updated through 1991]