Haley v. N.J. Motor Vehicle Comm'n

• Decision Date: 05 March 2021
• Docket Number: DOCKET NO. A-3284-19
• Parties: KRISTA L. HALEY, Petitioner-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent-Respondent.
• Court: New Jersey Superior Court — Appellate Division

KRISTA L. HALEY, Petitioner-Appellant,
v.
NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent-Respondent.

DOCKET NO. A-3284-19

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION

Submitted February 10, 2021
March 5, 2021

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

Before Judges Rose and Firko.

On appeal from the New Jersey Motor Vehicle Commission.

John Rue & Associates, LLC, attorneys for appellant (Saran Q. Edwards and John Rue, on the briefs).

Gurbir S. Grewal, attorney for respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Jennifer R. Jaremback, Deputy Attorney General, on the brief).

PER CURIAM

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Krista L. Haley appeals from a March 11, 2020 final decision of the Motor Vehicle Commission (MVC), denying her petition to modify the mandatory ten-year suspension of her driver's license. Haley's license was suspended following her third and fourth convictions for driving while intoxicated (DWI) under N.J.S.A. 39:4-50 as then enacted. Contending a driver's license was necessary for her employment as an attorney with a Sussex County law firm, Haley sought an occupational driver's license (ODL) from the MVC. Haley did not request a hearing before the MVC.

On appeal, Haley raises the following points for our consideration:

I. [The MVC] Has The Authority To Grant Occupational Driver's Licenses, and Has Done So in the Past.

II. The Draconian Punishment Violates [Haley]'s Right to Equal Protection Pursuant to the [Fourteen]th Amendment Of The United States Constitution.

A. The Ten[-]Year Driving Suspension, Without an Opportunity to Apply for Either Reinstatement or an ODL, Has No Rational Basis.

1. The Valid Public Policy Concerns Within N.J.S.A. 39:4-50 Are Not At Issue.

2. New Jersey is an Outlier Nationwide.

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3. In the Alternative, [Haley]'s Suspension Should be Limited to Eight Years.

(Not raised below)

III. Failure to Consider [Haley]'s Disabilities is a Violation of the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD).

(Not raised below)

For the first time in her reply brief, Haley alternatively seeks a remand for the MVC "to determine whether the facts of this case warrant issuance of a limited driver's license to Haley and, if so, the appropriate limitations." Unpersuaded by any of Haley's contentions, we affirm.

The facts are undisputed. Haley was convicted of DWI between 2010 and 2015 following separate incidents in four municipalities, as follows:

	DATE OF; CONVICTION	DATE OF; ARREST	MUNICIPALITY	DRIVER'S; LICENSE; SUSPENSION
1.	April 26, 2010	October 25, 2009	Bernardsville	Seven months
2.	May 2, 2011	April 4, 2009	Morristown	Two years
3.	September 18, 2015	November 8, 2014	Denville	Ten years
4.	December 22, 2015	August 29, 2014	Upper Saddle River	Ten years

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Notably, the Upper Saddle River Municipal Court ran Haley's ten-year license suspension and 180-day jail term concurrently with those same penalties imposed by the Denville Municipal Court.¹ Haley's driving privileges are scheduled for reinstatement on December 19, 2025.

In her February 18, 2020 counseled petition to the MVC, Haley stated she suffered from major depressive disorder (MDD) and alcoholism during all four DWI violations. Haley claimed: those offenses "occurred as a direct result of a[n] MDD episode"; she commenced treatment for both conditions following her convictions in 2015; and she was sober for more than four years. Haley expressed "an essential need . . . to operate a motor vehicle" for employment purposes. In that regard, Haley asserted:

Because her employer [law firm] relocated, [Haley] moved to Sparta Township, Sussex County in October 2018. There are no New Jersey Transit Locations in Sussex County.

Since moving to Sparta, and as a direct consequence of the lack of available public transportation and her inability to drive, [Haley] has been unable to take any pro bono domestic violence cases. Because her employer, John Rue & Associates, LLC, practices in the area of education law, [Haley] has

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been able to do some pro bono work in this area; but this too has been severely curtailed since she moved.

Citing New Jersey Division of Motor Vehicles v. Egan, 103 N.J. 350 (1986), and Fosgate v. Strelecki, 103 N.J. Super. 435 (App. Div. 1968), Haley argued the MVC "ha[d] discretion to grant [her] request" for an ODL. Substantively, Haley contended the change in mandatory penalties under N.J.S.A. 39:4-50 following her convictions supported her request for an ODL with conditions. Haley claimed she was willing to: pay for the installation of an ignition interlock device on her car; "submit to periodic testing to prove her ongoing sobriety"; and "provide ongoing confirmation of her continuing participation in a twelve[-]step program and psychiatric treatment." Haley also argued the mandatory license suspension violated "her right to due process and equal protection."

In its cogent written decision, the MVC squarely addressed the issues raised in Haley's petition. Recognizing "[t]he State of New Jersey does not issue occupational driver's licenses," the MVC initially determined it lacked statutory authority to grant Haley's request. Next, the MVC...