Motor Vehicles

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Abandonment: Lack of willful or reckless conduct should result in a lessened penalty for abandonment of a motor vehicle. Decision: 4 N.J.A.R. 042

Accident Report: Once an individual has knowledge of a collision and resultant damage to his vehicle, he is charged with giving notice of the accident to the police by the quickest means possible. Decision: 2 N.J.A.R. 100; While N.J.S.A. 39:04-129(e) provides that a driver involved in an accident resulting in injury or death to another person or $250 in property damage shall be presumed to have knowledge of the accident, this presumption is rebuttable and the evidence presented established that licensee was unaware of the accident. Decision: 2 N.J.A.R. 100

Careless Operation: Where evidence demonstrates that at the time a licensee struck a pedestrian, the licensee was driving within the speed limit in a normal manner and was maintaining her observation of the roadway, she was not found to be operating her motor vehicle in a careless manner. Decision: 2 N.J.A.R. 100; Statute requiring driver to come to a complete stop before entering or crossing an intersection controlled by a flashing red signal requires these drivers to yield to all traffic on the intersecting streets. Decision: 7 N.J.A.R. 040

Dealership License: A denial of a criminal record on a motor vehicle dealership application form coupled with subsequent exemplary conduct results in a 30-day dealer license suspension. Decision: 4 N.J.A.R. 208

Driver License Compact: A New York conviction for driving while impaired is substantially similar in nature to New Jersey's offense of driving while under the influence since both statutes have as their principal focus the competence of a driver to operate a motor vehicle safely. Decision: 5 N.J.A.R. 285

Driving While Intoxicated: When there has been a foreign state drinking- driving conviction and/or suspension, the policy of the Division of Motor Vehicles is to impose the same penalty as if the offense had taken place in New Jersey. The purpose is to provide uniformity and equity in the imposition of penalties for New Jersey licensees, regardless of where the violation occurred. Decision: 12 N.J.A.R. 113

Enhanced Penalty: An enhanced suspension of driving privileges is required where an individual has suffered a prior conviction for permitting one under the influence to operate a motor vehicle owned by or in the custody or control of the individual who is subsequently found to have refused a breath test. Decision: 6 N.J.A.R. 198

Epilepsy: Regulation requiring epileptics to be seizure-free for one year before being licensed to drive is reasonable and creates a rebuttable presumption. The driver in this case posed a significant safety risk because he was subject to seizures and had little warning before losing consciousness. Decision: 13 N.J.A.R. 769

Estoppel: Prior conviction of an offense in municipal court collaterally estops the relitigation of issues in an administrative proceeding. Decision: 4 N.J.A.R. 038

Expert Witness: A police officer without special training has no special expertise to offer an opinion on alcohol absorption and burn-off rates. Decision: 5 N.J.A.R. 298

Fatal Accident: Where a licensee is involved in a fatal accident and fails to give notice of the accident to the police by the quickest means possible, a one-month's suspension of driving privileges results. Decision: 2 N.J.A.R. 100; To suspend the license of a licensee involved in a fatal accident, it must be shown that the licensee violated an enumerated statute and that the violation was the proximate cause of the death of the decedent. Decision: 3 N.J.A.R. 001; Respondent's license was suspended for two years because of his involvement in a fatal accident. Respondent's youth and lack of driving experience contributed to his failure to recognize the risks associated with his actions. A two-year suspension would give him time to mature. Decision: 13 N.J.A.R. 511

Official Notice: An administrative law judge may take official notice of "Widmark Factors" relating to alcohol consumption and burn-off. Decision: 5 N.J.A.R. 298

Point Accumulation: When licensee was given clear warning that his entire driving record would be taken into account he may not argue that the point accumulation statute in an ex post facto law. Decision: 5 N.J.A.R. 001; Employment as a surgical sales representative is not an essential service and thus does not justify the nonsuspension of a driver's license based on point accumulation. Decision: 4 N.J.A.R. 095

Surcharge: Licensee was subject to insurance surcharge because he had a valid New Jersey license, even though he lived in another state and also had a license there. Decision: 12 N.J.A.R. 296; A surcharge may be imposed for driving with an expired license, even though the offense does not involve a direct threat to public safety. Decision: 13 N.J.A.R. 977

Suspension: Where the Interstate Driver License Compact is clear in providing for a choice between the suspension penalty imposed by the foreign state and the suspension mandated by the home state, a licensee may not argue that it has paid the penalty imposed by the foreign state and that the home state should not impose an additional suspension. Decision: 5 N.J.A.R. 182; When a New Jersey citizen's driving privileges are suspended in another state, New Jersey may move to suspend privileges also. The Division of Motor Vehicles has discretion to impose the penalty ap- plicable in the other state or it may seek the penalty that would be applied in New Jersey for the same offense. Decision: 12 N.J.A.R. 113

Widmark Factor: An administrative law judge may take official notice of "Widmark Factors" relating to alcohol consumption and burn-off. Decision: 5 N.J.A.R. 298