2. Support Senator Kip Bateman’s proposed law to permit no point unsafe driving if more than 5 years after 2 nd no point ticket The court incorrectly held that New Jersey's unsafe driving statute, N.J.S.A. 39:4 97.2, provides that the Motor Vehicle Commission shall assess the driver points for a third or subsequent offense In this appeal, the court has construed that language to apply only to offenses that occur after the third offense.