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In re Quinche

January 26, 2009

IN THE MATTER OF CARLOS A. QUINCHE.


On appeal from the Final Administrative Decision of the Motor Vehicle Commission.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 13, 2009

Before Judges Skillman and Graves.

Carlos Quinche (Quinche) appeals from a final decision of the New Jersey Motor Vehicle Commission (Commission) suspending his driving privileges for a period of fifty-two months because of his involvement in a motor vehicle accident on December 22, 2006, resulting in the death of Neha Shende. On appeal, Quinche contends the Commission's decision is arbitrary, capricious, and unreasonable. After reviewing the record, the briefs, and the applicable law, we affirm substantially for the reasons stated by the Commission.

During an administrative evidentiary hearing, Bryan Salmeron, who witnessed the fatal accident, confirmed that the following statement, which he gave to the police on the day of the accident, is accurate:

We were driving south bound on Rt 1&9 on the bridge when I saw a taxi, and a Camry. The taxi put on his hazard lights, and it seemed that they were racing. The Camry and taxi both started speeding up. At the curve after the bridge, the taxi lost control and hit the Camry on the backside causing the Camry to lose control. The right front of the taxi struck the left rear of the Camry. I know that they hit, because I saw the smoke from the tire striking the vehicle. The Camry crashed, and when we went a little further we saw the telephone pole falling. We stopped and then started to back up in case there was an explosion. We got out of the car and helped the people in the Camry. The taxi backed up, pulled into the diner, stayed about 1 minute, looked and [then] left the diner parking lot.

Q: Can you describe the taxi?

A: Yes, Yellow Cab #13, a Ford Crown Victoria[.]

....

Q: In your opinion how fast [were] the vehicles driving?

A: Over 80 MPH[.]

Q: Did you observe the taxi strike the other vehicle?

A: Yes, he struck the driver[']s side rear[.]

Q: How far was the distance from when the taxi struck the Camry, and the Camry ...


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