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O'Keefe v. New Jersey Motor Vehicle Commission

Superior Court of New Jersey, Appellate Division

November 15, 2013

PATRICK O'KEEFE, Appellant,
v.
NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 4, 2013

On appeal from the New Jersey Motor Vehicle Commission.

Randolph H. Wolf argued the cause for appellant (Randolph H. Wolf, attorneys; Mr. Wolf and Katherine A. North, on the brief).

Sharon Price-Cates, Deputy Attorney General, argued the cause for respondent (John J. Hoffman, Acting Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Ms. Price-Cates, on the brief).

Before Judges Parrillo and Harris.

PER CURIAM

Plaintiff Patrick O'Keefe appeals from a November 1, 2012 final decision of the New Jersey Motor Vehicle Commission (the MVC) that denied O'Keefe's request for a hearing regarding two proposed 180-day suspensions of his driving privilege in New Jersey and imposed a single ninety-day driving privilege suspension effective on November 27, 2012. We affirm.

I.

Because there was no formal hearing in this matter, the record on appeal is quite limited. We glean the facts from what the parties have provided, which mostly consists of undisputed evidence.

On three separate dates in September 2011, O'Keefe's New Jersey driving privilege was suspended by the Hoboken municipal court pursuant to the Parking Offenses Adjudication Act (POAA), N.J.S.A. 39:4-139.2 to -139.14. Separately, on September 23, 2011, the MVC suspended O'Keefe's driving privilege because of his failure to answer a traffic summons in the Secaucus municipal court. Additionally, once in October 2011, three times in March 2012, and once on April 11, 2012, O'Keefe's driving privilege was suspended by the Hoboken municipal court under the POAA.

In February 2012, O'Keefe was cited with a driving infraction in New York for failing to observe a traffic control device. He pled guilty to the offense and paid a fine.

On March 30, 2012, O'Keefe received a driving ticket in Union City for operating a motor vehicle while his license was suspended. The record is unclear with respect to the ultimate disposition of that offense, but the MVC asserts that notwithstanding O'Keefe's protestations to the contrary, the issuance of the ticket demonstrates his knowledge of the suspension of his New Jersey driving privilege.

In April 2012, O'Keefe was involved in a motor vehicle accident in New York. He was again informed at that time that his driving privilege was suspended, and charged with being an unlicensed driver. O'Keefe claims that this was the first time he was made aware that his driving privilege was suspended due to unpaid parking tickets. After ...


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