There must be 'deliberate or intentional disregard' of life, property
Clik here to view.
Motorists wait at the intersection of Clinton Road and Route 23 North in West Milford.TRENTON — The state Supreme Court today tightened the rules for when municipal judges can exercise their authority to revoke driver licenses.
In a unanimous decision written by Justice Barry Albin, the court clarified the law and set seven criteria — including prior offenses and the need to deter future violations — for revoking a license “to ensure that license suspensions meted out ... are imposed in a reasonably fair and uniform manner.”
Robert Ramsey, an attorney who has written a handbook about New Jersey municipal court practices, said that because of the decision, he expects judges will suspend fewer licenses.
“This will guide judges’ discretion about whether to suspend the license,” he said. “It’s an enormously important case. Now they have to have a justification for doing it.”
The court’s decision stems from a 2007 motor vehicle stop in Aberdeen Township. Police said Laura Moran cut off two vehicles while driving in the wrong lane on Route 34 at about 2 a.m. She was ticketed for reckless driving, improperly displaying her license plate and windshield obstruction. Later, during municipal court proceedings, the judge revoked her license for 45 days, citing 10 previous moving violations since 1990.
Moran appealed the suspension, saying the law is unconstitutionally vague.
While the Supreme Court rejected her argument that the law provides “unbridled discretion” to municipal judges and that she did not receive fair notice, it did conclude the law needs clarification. The law “provides no standards or guidelines to channel the discretion of municipal court and law division judges who must determine whether to impose a license suspension,” the court said.
“For the first time, there is a true criteria that a judge must utilize before revoking a license,” said Donald Lomurro, the lawyer who argued the case for Moran.
Before the court issued its decision, the law could be applied too broadly to a variety of motor vehicle offenses, he said.
The Monmouth County prosecutor’s office also praised the decision.
“It will be very helpful to municipal court judges and the lawyers who practice in municipal court,” spokesman Pete Warshaw said. “This is a decision that will have ramifications on many future cases.”
As written, the law allows licenses to be revoked when a motorist commits a “willful violation.” In its decision today, the court defined that standard, saying there must be “deliberate or intentional disregard” of life and property that is “highly likely” — not merely likely — to endanger others.
The court sent the case back to municipal court to revisit the suspension of Moran’s license. Her lawyer is optimistic.
“The judge will be hard-pressed to revoke the license based on these standards,” Lomurro said.
