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7 N.J.A.R. 40
- Motor Vehicles, Division of v. Levine, Joseph
- Formats: PDF | DjVu— Help viewing DjVu Files
- Citation: 7 N.J.A.R. 40
- Decision Date: 1981
- Agency: DIVISION OF MOTOR VEHICLES
- Synopsis: The Division of Motor Vehicles proposed a suspension of respon- dent's driving privileges and after he requested a hearing, the matter was referred to an administrative law judge. The administrative law judge determined that N.J.S.A. 39:4-119 requires a motorist to come to a complete stop before entering or crossing an intersection and that implicit in the requirement is the obligation, after making a complete stop, to yield to all traffic on the intersecting street. The judge found that the respondent had improp- erly disregarded the requirement imposed upon him by the presence of a flashing red beacon since although he had come to a complete stop, he had failed to yield to an approaching vehicle. Accordingly, the administrative law judge ordered that respon- dent's driving privileges be suspended for a period of one year. Upon review, the Division of Motor Vehicles accepted the administrative law judge's initial decision. Frederick S. Title, Special Counsel for petitioner Mark Banmgarten, Esq., for respondent (Ravin & Kesselhaut, at- torneys) Initial Decision
- Statute(s) Cited: 39:4-119
- Citation Tracker adopted-Div. of Motor Vehicles; reversed -190 N.J. Super. 2 (App. Div. 1983) [Updated through 1991]
- Synopsis: The Division of Motor Vehicles proposed a suspension of respon- dent's driving privileges and after he requested a hearing, the matter was referred to an administrative law judge. The administrative law judge determined that N.J.S.A. 39:4-119 requires a motorist to come to a complete stop before entering or crossing an intersection and that implicit in the requirement is the obligation, after making a complete stop, to yield to all traffic on the intersecting street. The judge found that the respondent had improp- erly disregarded the requirement imposed upon him by the presence of a flashing red beacon since although he had come to a complete stop, he had failed to yield to an approaching vehicle. Accordingly, the administrative law judge ordered that respon- dent's driving privileges be suspended for a period of one year. Upon review, the Division of Motor Vehicles accepted the administrative law judge's initial decision. Frederick S. Title, Special Counsel for petitioner Mark Banmgarten, Esq., for respondent (Ravin & Kesselhaut, at- torneys) Initial Decision