The New Jersey Motor Vehicle Commission cannot arbitrarily require a motorist to submit to a retest. Elderly New Jersey motorists routinely find themselves told to take such a retest following an incident. This incident can be a driving infraction. It can also be an accident. The hallmark of this situation, however, is that the driver was elderly. The incident in question is one that would have been completely unremarkable but for the age of the driver. But that, standing alone, is insufficient to require the retest.

This principle governs the case of Division of Motor Vehicles v. Cioffi, 95 N.J.A.R.2d (MVH) 57. We provide the full Cioffi decision elsewhere. Note, however, that familiarity with the Cioffi decision is only the beginning. The “heavy lifting” consists of requiring the New Jersey Motor Vehicle Commission to follow the rules contained in that decision. This heavy lifting has many steps.

Motorists can attempt follow those steps on their own without a lawyer. But it is a minefield. Assistance from a New Jersey Driver's License lawyer will hugely raise the likelihood of successful navigation through this minefield.

Allan Marain and Norman Epting, Jr. are New Jersey Driver's License lawyers. They have the skill and the knowledge needed to help provide this successful navigation. They would welcome your call.

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Law Offices of Allan Marain
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