On appeal from the Superior Court of New Jersey, Law Division, Monmouth County.
King and Havey. The opinion of the court was delivered by Havey, J.A.D.
Defendant was found guilty in the Municipal Court of West Long Branch of driving while on the revoked list, contrary to N.J.S.A. 39:3-40 and again upon his de novo appeal to the Law Division. As a third offender, he was sentenced to a ten-day jail term, fined $1,000 and his driving privileges were suspended for six months.
On appeal defendant raises the following points:
POINT I -- FAILURE TO MAKE APPLICATION FOR RESTORATION DOES NOT RESULT IN AN INDIVIDUAL REMAINING ON THE REVOKED LIST INDEFINITELY. SUCH CONSTRUCTION WOULD RENDER N.J.S.A. 39:3-40 UNCONSTITUTIONAL IN THAT IT WOULD FAIL TO ADEQUATELY INFORM A PERSON OF THE PENALTIES THREATENED FOR VIOLATION. SUCH FAILURE DENIES DUE PROCESS AS GUARANTEED BY THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND RENDERS THE STATUTE VOID FOR VAGUENESS.
POINT II -- THE TRIAL COURT'S FINDING OF GUILT BEYOND A REASONABLE DOUBT WAS ERROR IN LIGHT OF THE LACK OF EVIDENCE TO SUPPORT SUCH FINDING AND SHOULD BE REVERSED.
Defendant was charged with driving while on the revoked list on May 24, 1985, after being stopped for various motor vehicle violations in West Long Branch and after producing an expired New York driver's license. At trial in the municipal court the State produced a certified copy of an abstract of defendant's driving record which described various actions taken by the New Jersey Division of Motor Vehicles against defendant's driving privileges dating from January 21, 1980 to January 25, 1982. The entry dated January 25, 1982 recorded the following violation: "operate during suspension period." The State also produced a "Notice of Extension of Suspension" dated January
25, 1982 which the director had sent to defendant. The notice stated that the division had received information that defendant had been convicted of careless driving on November 1, 1980 in Eatontown. It further stated:
This information establishes you have driven a motor vehicle during suspension. Therefore, the suspension is extended for a period of 6 months in addition to the suspension already in effect.
When this period of suspension expires, you may make application for restoration of your driving privilege, and, providing that there have been no additions to your driving record, your case will be reviewed and a restoration may be considered.
It is undisputed that defendant never applied for restoration of his driving privileges from January 25, 1982 to the date ...