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13 N.J.A.R. 511

Motor Vehicles, Division of v. Mondelli, John S
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Citation: 13 N.J.A.R. 511
Decision Date: 1988
Synopsis: The Division of Motor Vehicles proposed suspending respon- dent's driver's license for 49 months because of his involvement in an accident resulting in the death of another driver. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case found that respondent, who had been a licensed driver for a year and a half, was responsible for the fatality because he swerved his car toward another car, causing the other driver to lose control and crash into a tree. Respondent's actions violated N.J.S.A. 39:4-97 and 39:4-129. There- fore, there were reasonable grounds to suspend his license pursuant to N.J.S.A. 39:5-30. The judge recommended a suspension of two years, reasoning that respondent did not intend to cause the accident and that his youth and lack of driving experience contributed to his unsafe driving. A two-year period of suspension would give respon- dent time to mature. Upon review, this initial decision was affirmed by the Director of Motor Vehicles. The Director noted that license suspensions are primarily intended to protect the safety of the public by temporarily removing offenders from the roads, and agreed that respondent failed to appreciate the risks of his behavior primarily because of his youth and lack of driving experience. The Director concluded that a two- year suspension would be appropriate. Rena Rothfeld, Esq., for petitioner Juan J. Ryan, Esq., for respondent
Statute(s) Cited: 39:4-97 39:4-129 39:5-30