In an October 15, 2008 Appellate Division decision, Patel v. New Jersey MVC, the Court considered the five-year point forgiveness issue for mulitple offenders of NJSA 39:4-97.2, Unsafe Operation of a motor vehicle. The Court decided that the five-year time period between offenses does not apply to third offenses, irrespective of how long a time goes by between the 2nd and 3rd conviction for such statute. The point forgiveness part of the statute now seems to only apply when there is a period of 5 years or more between a 3rd and subsequent offense. Therefore, defendants with a first and second guilty plea to NJSA 39:4-97.2, Unsafe Operation, are not assessed NJMVC license points.  But after the Court's recent decision in Patel v. New Jersey MVC, a third offender will receive 4 points. Accordingly, if 5 years pass following the 3rd offense conviction for NJSA 39:4-97.2, Unsafe Operation, the defendant can only then plead guilty to such statute without the assessment of NJMVC license points.

If you have any questions regarding Patel v. New Jersey MVC or NJSA 39:4-97.2, Unsafe Operation, please feel free to call on our office 24/7.

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