New Jersey DWI Lawyer

Has your license been suspended?

In New Jersey a license to operate a motor vehicle may be suspended for various reasons. For example, it can be suspended for failure to appear in court, failure to pay Motor Vehicle Commission (MVC) surcharges, or after conviction for offenses like drunk driving, refusal to submit to a breath test, or driving without insurance. It may also be suspended because of "points;" that is, penalty points assessed against a driver's license after conviction for certain motor vehicle moving violations.

Under the law, the Director of the Motor Vehicle Commission - formerly known as the Department of Motor Vehicles, (DMV) - has the authority to suspend or revoke a driver's license for any violation of the motor vehicle code. It can also suspend for "any other reasonable grounds, after due notice in writing of the proposed suspension and the ground thereof and, if requested by the licensee, a hearing. "

The Motor Vehicle Commission assigns a specified number of penalty points to a driver's license after conviction for particular moving violations. This is in addition to the fines and penalties imposed by the court for the violation. The number of points varies with the type of violation. For example, two points are assigned for exceeding the speed limit by no more than 14 MPH, two points for careless driving, four points for improper passing, and five points for reckless driving, tailgating, and improperly passing a school bus. The total number of points is reduced annually by three points if no additional points have been assessed and there have been no suspensions. Taking approved courses in defensive driving or driver improvement can also reduce the total.

The MVC reviews a driver's license whenever points are added because of a violation. When a driver accumulates six or more points the MVC will notify the driver and, if six or more points have been assessed within a three-year period, it will impose a license surcharge that increases with the number of points. If the surcharge is not paid, the MVC will suspend the driver's license until the surcharge is paid. The MVC will also institute proceedings aimed at forfeiting a driver's license for from 30 to 180 days if specified numbers of points accumulate during different periods of time. For example, the MVC will seek license suspension if a driver accumulates twelve or more points in two years or less. When this occurs the MVC will mail a notice of proposed suspension to the driver. The driver has the right to object to the suspension or challenge the length of the proposed suspension at a hearing but must quickly notify the MVC in writing that they wish to do so or risk losing that right. The driver may also seek to avoid a suspension under these circumstances by quickly notifying the MVC in writing of their intention to attend and complete a driver improvement course approved by the MVC. A driver who fails to provide such notice within the time provided by law risks losing this opportunity. Once the MVC has been notified of the driver's intention to challenge the suspension he or she, or their counsel, will have the opportunity to try to resolve the matter in a preliminary proceeding, called a pre-hearing conference, before the formal hearing.

The law prescribes suspension periods that the MVC can impose. These periods vary depending upon the number of points that have accumulated over specified time periods. Repeated suspensions can result in a long additional suspension. For example, if an operator's driving privileges have been suspended three times within a three-year period, making them a habitual offender, the MVC has the power to suspend the driver's license for up to three years. Such a suspension would commence only after all prior suspensions have expired.

Minimizing License Suspension

It is important that a driver subject to suspension use the means available to minimize the harm imposed by a threatened suspension. It is especially important that they not lose the opportunity available at a pre-hearing conference to resolve the matter in the best way possible before a formal hearing. Representation by experienced counsel at this stage can help accomplish this. Representation by counsel at a formal hearing, if one is required, can also assist in presenting any evidence challenging the MVC's point determination, or evidence arguing for a shorter suspension. Finally, if a suspension is imposed by the MVC, after serving part of the term a driver may have an opportunity to apply to the MVC and present information in support of an application to shorten the suspension. Again, counsel can assist in doing this.

We provide you with the above data for informational purposes only and cannot advise you on the outcome of your specific case without speaking to you personally. We invite you to contact our firm regarding your license suspension for the legal help you need.

If your license is suspended, contact a New Jersey DWI attorney from the firm for the legal representation you need.