DMV Admin. Susp for DWI Not Double Jeopardy – State v. Pepe

Today’s decision by the Appellate Division in State v. Pepe stands for two legal propositions. In this case, the defendant was convicted of DWI in New York. His out-of-state violation was reported to New Jersey DMV and about 4 months after receiving the report of the conviction, the New Jersey DMV proposed an administrative 6-month license loss. (Please note, although the opinion does not discuss this issue, the defendant was also, no doubt, subject to a $1000 per year surcharge for 3 years.)

The panel held that the 4-month delay in proposing a license suspension for the defendant by the DMV was “unfortunate” but did not raise an issue of substantial prejudice. Moreover, the panel ruled that the administrative suspension in New Jersey for DWI based upon a conviction in another state did not constitute double jeopardy.

Download a copy of State v. Pepe

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