Third Offense 39:4-97.2 gets 4 points even after 5 years – Patel v. MVC

In this morning’s Appellate Division decision, Patel v. New Jersey MVC, the Court construed, for the first time, the five-year point forgiveness component of NJSA 39:4-97.2, unsafe operation of a motor vehicle. The Court held that the five-year time period between offenses does not apply to third offenses, regardless of how long a time goes by between the 2nd and 3rd offense. Rather, the point forgiveness part of the statute only applies when there is a period of 5 years or more between a 3rd and subsequent offense. Thus, a first and second offender are not assessed points. A third offender will receive 4 points. Thereafter, if 5 years go by following the 3rd offense, the defendant may once again plead guilty without the assessment of points.

Download a copy of Patel v. MVC.

Category: Muni-Mail Archive