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New Jersey Division of Motor Vehicles v. Ripley11/26/2003
ty plea to Utah's cognate reckless driving statute with an admission, per that statute, that there was consumption of alcohol in connection with the offense. We are also aware of N.J.S.A. 39:4-50(a)(3) which states:
A conviction of a violation of a law of a substantially similar nature in another jurisdiction... shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.10%.
This section of our statute demonstrates that our legislature realized the level of blood alcohol was quite significant when considering whether another state's statute was substantially similar. The end result here is that the Utah DWI violation [.arrowhorizex] the substantially similar offense to our DWI statute [.arrowhorizex] was dismissed consequent upon the plea agreement and the guilty plea to a lesser offense.
At the very least, the Utah statutes present us with ambiguity when construed in the context of our statutes and the Compact. In this situation we should not strain to adopt the State's interpretation in this quasi-criminal matter. See State v. Reiner, 363 N.J. Super. 167, 180 (App. Div. 2003); see also State v. Livingston, 172 N.J. 209, 218 (2002); State v. Valentin, 105 N.J. 14, 18 (1987). We reverse the suspension imposed by the DMV.
Reversed.
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