Appellate Division completely misinterpreted the unsafe driving statute

The New Jersey Appellate Division decision, Patel v. New Jersey MVC, the Court for the first time, interpreted the the forgiveness component of NJSA 39:4-97.2, unsafe operation of a motor vehicle. NJSA 39:4-97.2 is a statute promulgated by the nj legislature that permits individuals to downgrade traffic tickets bearing motor vehicle points to a NO POINT TICKET (unsafe driving). The statute was clear until now. The Appellate Division's decision that the five-year time period between offenses does not apply to third offenses, regardless of how long a time goes by between the 2nd and 3rd offense made a mess of the statute. The Court indicated that the point forgiveness part of the statute only applies when there is a period of 5 years or more between a 3rd and subsequent offense. Thus, a first and second offender are not assessed points. A third offender will receive 4 points. Thereafter, if 5 years go by following the 3rd offense, the defendant may once again plead guilty without the assessment of points. THE COURT GOT IT WRONG!! The only thing this decision did is to complicate an already clear statute. Basically, you only have two shots at the unsafe driving statute. If you plead to it a third time, regardless how much time as past since your last plea, then u will be assessed 4 motor vehicle points.