Search Rutgers Law Library N.J. Court Opinions

1 ALAN LORING v. ROBERT P CLARK, ESQ. -- rank: 1000

... partial summary judgment seeking, among other relief, a declaration that N.J.S.A. 39:6-35 is unconstitutional due to the absence of a notice requirement ... UNNECESSARY LEGAL WORK IS AN ABUSE OF DISCRETION. POINT [II] N.J.S.A. 39:6-35 AS DRAFTED AND FOLLOWED IS UNCONSTITUTIONAL. POINT [III] DUE PROCESS ... A. 39:5-30 REQUIRES NOTICE TO LORING. POINT [VII] N.J.S.A. [39:]6-35 MIGHT BE UPHELD IF READ IN PARI MATERIA WITH N ... for standards governing license suspensions touches on core constitutional principles. N.J.S.A. 39:6-35 provides in pertinent part: If a person fails to pay ... the provisions of this Title," meaning Title 39, which includes N.J.S.A. 39:6-35. Support for this construction is found in the very language of N.J.S.A. 39:6-35, which affords the director discretion to extend the time ...

docket:	a0286-09
court:	superior court appellate division
decided:	2010-10-26
status:	unpublished
citation:
Document Size:	28559

2 MINOOSH FATHOLLAHI v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 764

... automobile registration privileges indefinitely in accordance with the provisions of N.J.S.A. 39:6-35 because she failed to satisfy a Law Division judgment obtained ... to both N.J.S.A. 39:5-30 and N.J.S.A. 39:6-35. On appeal, Fathollahi raises the following claims: I. DRIVER[S ... after it became final, be forthwith suspended by the director. [ N.J.S.A. 39:6-35 (emphasis added).] The record demonstrates that our affirmance of the ... not satisfied that judgment within the sixty days specified by N.J.S.A. 39:6-35, MVC was required by that statute to suspend her drivers ...

docket:	a3949-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-03
status:	unpublished
citation:
Document Size:	14527

3 RITA M. RHYNE v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 725

... s license and registration privileges, finding her in violation of N.J.S.A. 39:6-35. We affirm the action of the NJMVC. The deficient record ... sixty days. Accordingly, the NJMVC notified Rhyne that pursuant to N.J.S.A. 39:6-35, her driving and registration privileges had been suspended indefinitely pursuant ... upon the NJMVC's discharge of the legislative mandate of N.J.S.A. 39:6-35. Indeed, the agency appropriately applied the statute, which provides: If ... be registered in his name, upon application to the [NJMVC]. [ N.J.S.A. 39:6-35.] Our role in reviewing the action of an administrative agency ...

docket:	a3124-09
court:	superior court trial
decided:	2011-02-28
status:	unpublished
citation:
Document Size:	15587