Jersey DWI & Criminal Defense Law Blog : New Jersey Criminal Lawyer & Attorney : Thomas Martin Law Firm : DUI/DWI, Drug Possession, Felony : Freehold, Monmouth County, New Jersey

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.

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.

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, as opposed to a four 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. this is to avoid a four point ticket if you plea guilty to a third or subsequent offense within five years of your prior 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.

How do Points Affect Me?

When you receive six (6) or more points within the previous three (3) years on your driving record, you will be assessed a yearly surcharge for three straight years. When you get twelve (12) or more points on your driving abstract, your license will be suspended. The MVC will mail you a notice of scheduled suspension by mail. When this happens you may want to contact an attorney who can eliminate the suspension or lessen the length of the proposed suspension at a MVC hearing.


How Can I Eliminate Points from My Record?

When you remain offense free for an entire year and your license is in good standing for that year, MVC will take up to a maximum of three (3) points off your motor vehicle record. There are also certain driver improvement courses that can eliminate points. However, it is best to check with the MVC to see whether you are eligible to receive a point reduction or whether the class you are taking is a qualified driving course approved by MVC.

What is the Best Way to Advoid Points?

The best way to avoid points, surcharges, license suspensions and possible penal consequences is to follow the rules of the road at all times. However, no one is perfect and things happen. If you have been stopped by a police officer and issued tickets for moving violations, you should try and obtain a free consultation with an attorney skilled in traffic and criminal law. An attorney can advise you as to your best course of action, your rights and the penalties that you are facing. Attorneys, through their education, skills and knowledge of the Courts, may be able to eliminate all of the points or eliminate the suspension or jail consequences associated with a particular offense.