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Wnuck v. New Jersey Division of Motor Vehicles

January 30, 2001

SCOTT F. WNUCK,
PETITIONER-APPELLANT,
V.
NEW JERSEY DIVISION OF MOTOR VEHICLES,
RESPONDENT-RESPONDENT.



Before Judges Baime, Carchman and Lintner.

The opinion of the court was delivered by: Lintner, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 20, 2000

On appeal from a Final Decision of the Division of Motor Vehicles.

Defendant appeals the imposition of a surcharge by the Director of Motor Vehicles (the Director), resulting from defendant's third conviction for driving while intoxicated (DWI). N.J.S.A. 39:4-50. Defendant was convicted of DWI on August 19, 1998, in Hackettstown Municipal Court.

Defendant's driving privileges were suspended for ten years, N.J.S.A. 39:4-50(a)(3), and he was surcharged in accordance with N.J.S.A. 17:29A- 35(b)(1)(a). He contends that as a Pennsylvania resident he is not subject to the insurance surcharge associated with his conviction. We disagree and hold that a non-resident driver, convicted of a violation of N.J.S.A. 39:4-50, though not licensed in New Jersey, is subject to an insurance surcharge pursuant to N.J.S.A. 17:29A-35(b)(1)(a).

On June 7, 1999, the Surcharge Administration Office of the Division of Motor Vehicles advised defendant that it was aware that he disputed the surcharge based upon "Pennsylvania licensure and residency." The letter also informed defendant that, in order to dispute the surcharge in question, he must provide proof of residency at the time of the violation, March 1, 1998. It listed the following items as acceptable proof:

1. W-2 tax statements

2. Utility bills (phone/electric)

3. Mortgage/rental receipts

4. Auto insurance/registration

5. Voter registration

6. Pennsylvania Motor ...


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