OUT OF STATE DWI CONVICTION

LICENSE SUSPENSION 05-2-8058 Foehner v. New Jersey Motor Vehicle Commission, App. Div. (per curiam) (5 pp.) Appellant Robert Foehner appeals from the Motor Vehicle Commission’s (MVC) denial of an administrative hearing before imposing a 3,650-day suspension of his driver’s license due to a fourth conviction for an alcohol-related offense. The MVC asserts that appellant was convicted of his first DUI on May 28, 1986, his second on November 2, 1990, his third on December 19, 1992, and the fourth on September 21, 2011. The first three offenses occurred in New Jersey; the fourth occurred in Arizona. On appeal, appellant notes that the driving history provided with the notice of suspension contained only one prior alcohol-related motor vehicle offense dating back to December 19, 1992. He argues that, as a matter of procedural due process, he is entitled to an agency hearing to evaluate the legal and factual bases for the imposition of a 3,650-day suspension. The appellate panel disagrees and affirms the suspension. Appellant does not contest that he has been convicted of DUI on four occasions, nor does he raise any legal issues to be addressed by the MVC. Rather, appellant merely contends that the MVC did not provide him with proof of all four of his DUI convictions when it initially issued the suspension notice. Since no disputed issues of material fact existed, and no legal issues were raised, no evidentiary hearing was required before the mandatory suspension was imposed. Posted by NJ DWI Lawyer, Jeffrey Hark.

5 Responses to “OUT OF STATE DWI CONVICTION”

Read below or add a comment...

  1. clark howard says:

    Your site is for sure worth bookmarking. dui defense

  2. tom rar says:

    Good its a great news.

  3. Randall Willis says:

    I really like this enthusiastic job you are doing folks.
    nyc dui attorney

  4. pop says:

    More than excellent I’d say A Very Uselful Information for bloggers, site owners and webmasters all over the world.
    Criminal Attorney Norman ok

  5. Nice blog, thanks for sharing the information. I will come to look for update. Keep up the good work.

    criminal attorney beverly ma

Leave A Comment...

*