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12 N.J.A.R. 296

Motor Vehicles, Division of v. Johnson, Edmund D
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Citation: 12 N.J.A.R. 296
Decision Date: 1987
Agency: DIVISION OF MOTOR VEHICLES
Synopsis: Respondent was convicted of drunk driving in New York State. At the time, he had both New York and New Jersey driver's licenses. Based on the conviction, the Division of Motor Vehicles sought to impose a surcharge pursuant to the New Jersey Automobile Insurance Reform Act. Respondent requested a hearing and the matter was transmitted to the Office of Administrative Law. The administrative law judge assigned to the case found that respondent was a New York resident with a New York driver's license. This license was suspended by New York because of the conviction. Respondent had lived in New Jersey briefly and still had a New Jersey license. However, respondent's contact with New Jersey was not suffi- cient to warrant imposing a surcharge. Upon review, the Director of the Division of Motor Vehicles rejected this initial decision. Respondent had in his possession at the time of his arrest a valid New Jersey driver's license. The traffic summons was written against the New Jersey license because respon- dent inadvertently presented that license. Respondent's status as a New Jersey licensed driver on the date of the offense subjects him to the surcharge law. Accordingly, respondent was ordered to pay the surcharge. The Appellate Division affirmed. George F. Surgent, Esq., for respondent Division of Motor Vehicles, appearing pursuant to N.J.A.C. 1:1-3.13 State of New Jersey 297
Rule(s) Cited: 13:19-12.1 et seq. 13:19-13.1 et seq. 
Citation Tracker rejected-Div. of Motor Veh.; affirmed -226 N.J. Super. 1 (App. Div. 1988) [Updated through 1991]