How many times can you down grade your tickets to Unsafe Operation, NJSA 39:4-97.2 (No Point Offense)?

Stop SignThe New Jersey Supreme Court is deciding whether a driver who had his tickets downgraded to the No Point Offense of Unsafe Operation (NJSA 39:4-97.2) can use it again after 5 years. State v. Patel. The defendant is challenging the Motor Vehicle Commission’s flip flop decision to charge all drivers that used their third (3rd) Unsafe Operation with four (4) points despite the clear language of the statute which states to the contrary.  If the defendant is successful, drivers may use this downgrade twice, then wait 5 years and then be eligible to use it two more time.  although this will mean less money for the Motor Vehicle Commission in insurance surcharges and less money for insurance companies in increased premiums, it will honot the legislature’s intent of giving the driver a break!

 

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