Patel v. Nj Motor Vehicle Com'n

• Decision Date: 10 November 2009
• Docket Number: A-10/11 September Term 2008.
• Citation: 200 N.J. 413,982 A.2d 445
• Parties: Hina K. PATEL, Appellant-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent-Respondent.
• Court: New Jersey Supreme Court

982 A.2d 445

200 N.J. 413

Hina K. PATEL, Appellant-Appellant, v. NEW JERSEY MOTOR VEHICLE COMMISSION, Respondent-Respondent.

A-10/11 September Term 2008.

Supreme Court of New Jersey.

Argued September 15, 2009.

Decided November 10, 2009.

Michelle M. Tullio, Somerset, argued the cause for appellant (Lanfrit and Tullio, attorneys; Darren D. Papas on the brief).

Nicole T. Minutoli, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General of New Jersey, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Mala Narayanan, Deputy Attorney General, on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

N.J.S.A. 39:4-97.2 makes it unlawful for any person to drive a motor vehicle in an unsafe manner likely to endanger a person or property. The law imposes only fines for the first two violations, but it authorizes the New Jersey Motor Vehicle Commission (MVC) to assess motor vehicle penalty points, in addition to fines, for "a third or subsequent offense." N.J.S.A. 39:4-97.2(d). An assessment of points may be avoided, however, based on the timing of one's offenses. Subsection e. provides that

[a]n offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.

[N.J.S.A. 39:4-97.2(e).]

This appeal requires us to construe that exemption provision.

Appellant, Hina Patel, is a repeat violator of the unsafe driving statute, N.J.S.A. 39:4-97.2. Based on the timing of her violations she contested the MVC's determination to assess motor vehicle penalty points for her fourth offense. For the reasons that follow, we affirm the MVC's imposition of points for Patel's fourth unsafe driving violation.

I.

Patel's relevant driving history may be summarized as follows. On March 12, 2002, she committed a driving offense and pled guilty to unsafe driving on May 3, 2002. She committed another offense on August 7, 2002, and on September 17, 2002, again pled guilty to unsafe driving. On April 4, 2006, Patel received a citation for unsafe lane changing, for which she pled to a third unsafe driving violation on June 9, 2006. Then, on September 5, 2007, she received citations for speeding and failing to have her vehicle timely inspected, in exchange for which she entered a guilty plea to unsafe driving on November 19, 2007.

Patel was fined in accordance with the statute's progressive fine structure for each of her four unsafe driving convictions. She also was assessed four motor vehicle penalty points for her third offense. The instant controversy arose over the assessment of four additional motor vehicle points for her fourth unsafe driving conviction in 2007. Patel wrote to the Chief Administrator of the MVC, objecting because her fourth conviction had occurred more than five years after both her first and second offenses. Because only her third offense had occurred within five years of the 2007 offense (the fourth unsafe driving conviction), Patel argued that the 2007 offense must be treated as a "second offense" under the statute. According to Patel, because N.J.S.A. 39:4-97.2(c) does not authorize points for second offenses, she should not be subjected to motor vehicle penalty points for the 2007 violation.

Patel received a response¹ informing her that "a third and subsequent violation for [N.J.S.A.] 39:4-97.2 (Unsafe Operation Of A Motor Vehicle) within a five year period will be issued 4 points. Our records indicate this is your ... 4th violation since March 12, 2002. Therefore your ... Driver History record will remain the same."

Patel appealed from that final determination of the MVC, see R. 2:2-3(a)(2), and asserted the same arguments that she had presented to the MVC. The Appellate Division's decision upheld the MVC's interpretation of the statute and its application to Patel that resulted in the points assessment for her fourth unsafe driving conviction. Patel v. N.J. Motor Vehicle Comm'n, 403 N.J.Super. 373, 378, 958 A.2d 481 (App.Div.2008). The panel observed that subsection e. of the statute exempts an individual from points when more than five years have elapsed between a subsequent offense and the prior offense. Id. at 377, 958 A.2d 481. The panel concluded that the assessment of points on Patel's "subsequent" fourth conviction was proper because her third offense had occurred within five years of her fourth. Ibid. Relying on the Legislature's language in subsection e., the panel discerned a legislative intent to apply the exemption from points when the "subsequent" offense occurs more than five years after "the prior offense," not "any prior offense." Ibid. The panel regarded the statutory reference to "the prior offense" in subsection e. as meaning the most recent prior offense. Ibid. In Patel's case, "the prior offense" was her third conviction, which was within five years of her fourth conviction. Ibid.

II.

As this appeal involves the interpretation of a statute, "our goal is to discern and effectuate the Legislature's intent." State v. Brannon, 178 N.J. 500, 505, 842 A.2d 148 (2004). The plain language of the statute is our starting point. See State v. Lewis, 185 N.J. 363, 369, 886 A.2d 643 (2005) (citing State v. Ivory, 124 N.J. 582, 585, 592 A.2d 205 (1991)). We apply to the statutory terms the generally accepted meaning of the words used by the Legislature, see D'Annunzio v. Prudential Ins. Co. of Am., 192 N.J. 110, 119, 927 A.2d 113 (2007) (citing DiProspero v. Penn, 183 N.J. 477, 492, 874 A.2d 1039 (2005)), and strive "to give effect to every word." Med. Soc'y of N.J. v. N.J. Dep't of Law & Pub. Safety, 120 N.J. 18, 26, 575 A.2d 1348 (1990). Because we do not assume that the Legislature used any unnecessary or meaningless language, see id. at 26-27, 575 A.2d 1348, we read a statute in its entirety and construe "each part or section ... in connection with every other part or section to provide a harmonious whole." Bedford v. Riello, 195 N.J. 210, 224, 948 A.2d 1272 (2008) (citing In re Distrib. of Liquid Assets, 168 N.J. 1, 17-18, 773 A.2d 6 (2001); State v. Brown, 22 N.J. 405, 415-16, 126 A.2d 161 (1956)).

With those general principles in mind we turn to the statute in issue. As the panel below appropriately noted, "`[i]f the plain language leads to a clear and unambiguous result, then our interpretive process is over.'" Patel, supra, 403 N.J.Super. at 376, 958 A.2d 481 (quoting Richardson v. Bd. of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189, 195, 927 A.2d 543 (2007)). However "if there is ambiguity in the statutory language that leads to more than one plausible interpretation, we may turn to extrinsic evidence, including legislative history, committee reports, and contemporaneous construction," for further assistance in our interpretative task. DiProspero, supra, 183 N.J. at 492-93, 874 A.2d 1039 (citation and internal quotation marks omitted).

III.

A.

The unsafe driving statute provides as follows:

a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to [N.J.S.A. 39:5-30.5].

c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to [N.J.S.A. 39:5-30.5].

d. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to [N.J.S.A. 39:5-30.5] e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section f. In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to [N.J.S.A. 17:29A-35(b)(2)(a)].

[N.J.S.A. 39:4-97.2.]

The MVC interpreted the statute to require that Patel's fourth violation subjected her to the imposition of motor vehicle penalty points under subsection d. Its letter disposition of Patel's points challenge explained that points are assessed if the third "and" the subsequent offense occurred during a five-year period. In other words, the MVC found that points must be assessed if five or fewer years had elapsed between Patel's third and her subsequent fourth offense.

"Generally, courts afford substantial deference to an agency's interpretation of a statute that the agency is charged with enforcing." Richardson, supra, 192 N.J. at 196, 927 A.2d 543 (citing R & R Mktg., L.L.C. v. Brown-Forman Corp., 158 N.J. 170, 175, 729 A.2d 1 (1999)). However, we are not bound by an agency's construction of a statute just as we are not bound by its other, strictly legal determinations. Ibid. An agency's determination must be reversed if "it is `plainly unreasonable.'" T.H. v. Div. of Developmental Disabilities, 189 N.J. 478, 490, 916 A.2d 1025 (2007) (quoting In re N.J. Tpk. Auth. v. Am. Fed'n of State, County & Mun. Employees, 150 N.J. 331, 351, 696 A.2d 585 (1997)). An agency's final decision is plainly unreasonable and violates express or implied legislative direction if it gives "a statute any greater effect than is permitted by the statutory language[,] ... alter[s] the terms...