No Point Ticket or No Point Offense Case Ruled on By Court
November 10, 2009-Today, our Supreme Court held that the statute NJSA 39:4-97.2 (the "no point" ticket) permits a motor vehicle operator to avoid points on his or her third or subsequent offense, if five years have elapsed since the prior offense.
This includes drivers who seek a no point ticket on their third or subsequent offense, when the third or subsequent offense occurs five years after the prior offense. This is always how I read the statute to apply, but the Appellate Division and the Motor Vehicle Commission agreed otherwise.
In the case of State v. Patel, the case that gave rise to all this craziness, Patel had taken a third no point offense under N.J.S.A. 39:4-97.2 within five years of her second. Thereafter, she took her fourth offense five years after her second. She argued that her fourth offense should have been a no point ticket since five years had elapsed since her second offense. The Appellate Division and MVC disagreed because Patel had taken her fourth within one year of her third. This makes sense, however, the Appellate Division went a step further and said even if her third offense occurred five year after her second, she would not be entitled to the break.
Thankfully, the Supreme Court got it right in this attorney's opinion. The moral of this story is that you should always seek professional advice or representation prior to going to Court. Further, your attorney of record should order a motor vehicle abstract to be aware of any prior pleas you have had to a no point offense. If you have any questions, please do not hesitate to contact Thomas H. Martin, Esq. or reach him at his website at www.jerseycriminallawyer.com.
