Return to Browsing

5 N.J.A.R. 298

Motor Vehicles, Division of v. Exum, Keeno E
Formats: PDF | DjVu— Help viewing DjVu Files
Citation: 5 N.J.A.R. 298
Decision Date: 1983
Synopsis: The Division of Motor Vehicles sought to suspend licensee's driving privileges for a five-year period because of his alleged involvement in a fatal motor vehicle accident while driving under the influence of alcoholic beverages. The administrative law judge assigned to the case found that the licensec had been involved in the accident in question but rejected the opinion evidence of the patrolman assigned to investigate the accident as to the alcohol absorption and burn-off rates of the licensec because of the patrolman's lack of specialized training. The judge did, however, take official notice of the 'Widmark Factors' relating to alcohol consumption and burn-off and thus concluded that licensec had operated his motor vehicle while under the influence of intoxicat- ing liquor. Accordingly, the judge ordered licensee's driving privileges suspended for five years. David Rhoades, Special Deputy Attorney General, for petitioner (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Ira F. Back, Esq., for respondent
Statute(s) Cited: 39:5-30 
Citation Tracker adopted-Div. of Motor Vehicles; dismissed-App. Div., A-4396-82, 12/11/84 (unreported) [Updated through 1991]