On Aug 21, 1:41=A0pm, mugglefug...@[EMAIL PROTECTED]
wrote:
> On 21 Aug, 14:19,GiJeet<gij...@[EMAIL PROTECTED]
> wrote:
>
>
>
> > >>On Aug 21, 1:51=A0am, mugglefug...@[EMAIL PROTECTED]
wrote:
> > > The law has been upheld in the courts, and indeed the surcharge
can't
> > > be discharged in
bankruptcy:http://bulk.resource.org/courts.gov/c/F2/=
886/886.F2d.602.89-5090.html
> > > Nor can you evade it by moving out of state (although apparently
such
> > > surcharges don't apply if you are an out of state resident, licensed
> > > out of state, at the time of the offense)
>
> > Hello, and thanks for responding. =A0I did live out of state (I lived
i=
n
> > NY) at the time of the offenseand had a NY driving license. =A0I was
> > visiting NJ at the time. How would I find more information on this
> > exemption?
>
> > Really appreciate your help
>
> > TIA
> > G
>
> As I said, I don't live in the USA although I happen to have a driving
> license from a US state, among many others from different countries
> (because of my work).
>
> My understanding as to nonresidents of a state relates to when
> Virginia instituted its surcharge system. It was extensively covered
> by the Wa****ngton Post, which is one of the US newspapers I have to
> read every morning.
>
> It would seem that you got hit with the surcharge when you later moved
> to New Jersey, years after the offense -- and gave them jurisdiction.
> Now if you haven't been there for the requisite time period you could
> I suppose change your mind and move out of state. But if that's not
> possible and you want to contest the surcharge, you have to raise the
> issue I just mentioned.
>
> You could get a free brief consultation from one of those specialist
> NJ DUI lawyers (you can find them on Google). Here's a
summary:http://www=
..lawyers.ca/international/summaryoflawstate.asp?province=3DNJ...
>
> I don't think you should be relying on me, given my distaste for the
> Garden State (what irony!) and my memory of having driven through it
> time after time going between NYC and points west ... 30 years ago.
>
> I have done a bit more research for you. I am not going to analyze the
> stuff -- I haven't time -- but I will post the six NJ cases on point
> to this newsgroup. Look particularly at Wnuck v. New Jersey Div. of
> Motor Vehicles, 337 N.J.Super. 52, 766 A.2d 312 (2001) (Director of
> Motor Vehicles imposed insurance surcharge on Pennsylvania motorist,
> resulting from his third conviction for driving while intoxicated
> (DWI), and motorist appealed. The Superior Court, Appellate Division,
> Lintner, J.A.D., held that non-resident driver convicted of DWI in New
> Jersey is subject to insurance surcharge, even though he is not
> licensed in New Jersey.) I'm not going to try to rationalize this in
> view of what I read a year or more ago in the Wash Post. Just because
> a NJ court says something doesn't mean it's in accord with the US
> Constitution; but more and more the Lord Mansfied Rule is being swept
> away as between US states (though not foreign countries).
>
> Good luck.
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