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6 N.J.A.R. 196

Scannell, Thomas J.; Motor Vehicles, Division of v
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Citation: 6 N.J.A.R. 196
Decision Date: 1982
Agency: DIVISION OF MOTOR VEHICLES
Synopsis: The Division of Motor Vehicles sought to suspend respondent's driving privileges for a period of one year based upon his refusal to submit to a breath alcohol determination test and because of a convic- tion within the past 15 years for permitting an individual to operate a motor vehicle while under the influence of alcohol. The administrative law judge rejected respondent's argument that a conviction under N.J.S.A 39:4-50, for permitting someone under the influence of alcohol to operate a motor vehicle properly, might serve as the first offense required by N.J.S.A 39:4-50.4 before an enhanced penalty was imposed. The judge noted that the statutory scheme viewed drunk driving offenses to be so serious that an enhanced penalty would be required whether it is the drunk driver at fault or the person who permits another to drive while under the influence. Accordingly, the judge concluded that an enhanced penalty is re- quired where an individual has suffered a prior conviction for per- mitting one under the influence to operate a motor vehicle owned by or in the custody or control of that individual who is subsequently found guilty of refusing a breath test. Anne Simonoff, Deputy Attorney General, filed a brief on behalf of the petitioner (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) John H. Rosenberger, Esq., for respondent (Tort, Jacobs, Gross, Rosenberger & Todd, attorneys)
Statute(s) Cited: 39:4-50.2 et seq.