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State, Division of Motor Vehicles v. Pepe

August 1, 2005

STATE OF NEW JERSEY, DIVISION OF MOTOR VEHICLES, PLAINTIFF-RESPONDENT,
v.
MICHAEL D. PEPE, DEFENDANT-APPELLANT.



On appeal from the Final Decision of the New Jersey Division of Motor Vehicles.

The opinion of the court was delivered by: R. B. Coleman, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS

APPROVED FOR PUBLICATION

Argued May 11, 2005

Before Judges Newman, R. B. Coleman and Bilder.

Defendant Michael Pepe appeals from the final decision of the New Jersey Division of Motor Vehicles (NJDMV) suspending Pepe's New Jersey driver's license for his out-of-state (New York) conviction of driving while intoxicated. Pepe did not receive a concurrent suspension of his driving privileges in New Jersey. He contends he is now being prejudiced in that he has moved back to New Jersey and his job could be in jeopardy if he is unable to drive. Stated more fully, his arguments are as follows:

I. THE NEW JERSEY DIVISION OF MOTOR VEHICLES ERRED IN REFUSING TO GRANT THE DEFENDANT'S REQUEST FOR A HEARING.

II. THE PERIOD OF SUSPENSION IMPOSED BY THE DIVISION OF MOTOR VEHICLES EXCEEDS THAT WHICH IS PERMITTED BY THE NEW JERSEY ADMINISTRATIVE CODE.

III. TO PUNISH THE DEFENDANT IN NEW JERSEY FOR THE SAME OFFENSE FOR WHICH HE WAS PUNISHED IN NEW YORK VIOLATES THE DEFENDANT'S CONSTITUTIONAL RIGHTS AND SUBJECTS HIM TO DOUBLE JEOPARDY.

IV. TO SUBJECT THE DEFENDANT TO AN ADDITIONAL ADMINISTRATIVELY IMPOSED PERIOD OF SUSPENSION IN NEW JERSEY FOR AN OFFENSE THAT OCCURRED IN THE STATE OF NEW YORK WHERE OTHER NEW JERSEY RESIDENTS WHO COMMIT THE SAME OFFENSE IN THE STATE OF NEW JERSEY ARE NOT SUBJECTED TO AN ADDITIONAL ADMINISTRATIVELY IMPOSED PERIOD OF SUSPENSION, VIOLATES THE DEFENDANT'S CONSTITUTIONAL RIGHTS TO EQUAL PROTECTION.

V. PRINCIPLES OF COMITY AND RES JUDICATA PREVENT FURTHER SUSPENSION OF THE DEFENDANT'S DRIVING PRIVILEGES.

VI. THE IMPOSITION OF AN ADDITIONAL PERIOD OF SUSPENSION IN THIS CASE CONSTITUTES THE IMPOSITION OF SANCTIONS BEYOND WHAT IS NEEDED TO REFORM MR. PEPE.

VII. THE NJDMV SHOULD BE PRECLUDED FROM IMPOSING ANY ADDITIONAL PERIOD OF SUSPENSION IN THIS CASE AS MR. PEPE HAS SUFFERED SUBSTANTIAL PREJUDICE DUE ...


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