NJ License Suspension Hearing Lawyers

NJ License Suspension Hearing Lawyers

There’s nothing scarier than receiving a notice that your driver’s license is about to be suspended in New Jersey. Your first reaction is probably “My license is getting suspended?!” But take a deep breath – you have options. Requesting an administrative hearing is your chance to challenge the suspension and hopefully keep your driving privileges.

This article explains everything you need to know about license suspension hearings in NJ – from the process to tips for winning. Read on to learn how an experienced traffic ticket lawyer can help you fight to keep your license!

Grounds for Suspension

The New Jersey MVC can suspend your driver’s license for a variety of reasons, including:

• Too many points on your driving record
• A conviction for DUI/DWI
• Failure to pay traffic fines or appear in court
• Failure to maintain auto insurance
• Medical conditions that impact driving ability

You’ll receive a notice in the mail listing the specific grounds for your suspension. This notice will also give the date that your suspension is scheduled to start.

Requesting a Hearing

Upon receiving a suspension notice, you have the right to challenge it by requesting an administrative hearing. This hearing gives you a chance to contest the suspension before it takes effect.

To request a hearing, you or your lawyer must submit a written letter to the MVC within 10 days of the notice date. The letter should explain why your license should not be suspended and provide any evidence to support your case.

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2024-03-21

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2024-03-18

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2024-03-15

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2024-03-15

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If you miss the 10 day deadline, you can still request a hearing up until the suspension start date. But acting quickly gives you the best shot at stopping the suspension before it happens.

The Hearing Process

Hearings take place at a local MVC office, typically within 20 days of your request. You can attend in person or by phone. The process involves:

• The hearing officer reviews your suspension notice and evidence.
• You or your lawyer present arguments against the suspension.
• The officer questions you and renders a decision.

This is your chance to explain the circumstances and provide any proof that the suspension was issued wrongly or should be overturned. A traffic ticket lawyer can help craft the most persuasive case.

Hearing Outcomes

After the hearing, the officer will either:

• Uphold suspension – Your license will be suspended as scheduled.
• Overturn suspension – Your license remains valid and active.
• Modify terms – They may reduce the suspension period or grant a restricted license.

If the decision goes against you, you can appeal to the MVC Chief Administrator within 10 days. But your chances on appeal are low if the hearing officer already ruled to suspend.

Top Defenses Against Suspension

Effective defenses and arguments to raise at your hearing include:

• Not properly notified – If you didn’t receive the initial tickets or court notices, the suspensions may be invalid.
• Medical emergency – Health crises can cause license lapses or missed court dates.
• Mistaken identity – Suspensions mix up drivers with similar names sometimes.
• Equipment defects – Issues like faulty speedometers could impact your violations.

An experienced license suspension lawyer can help investigate defenses and gather evidence like driving records, medical documentation, and proof of insurance or payment. Credible evidence strengthens your case tremendously.

Should I Get a Lawyer?

Technically you can request an MVC hearing yourself without legal representation. But having a lawyer in your corner greatly improves your odds of winning. An attorney has in-depth knowledge of New Jersey’s suspension and hearing processes. They know how to craft persuasive, legally-sound arguments that get results. Don’t leave your driving privileges to chance – hire an expert license suspension lawyer to fight for your rights.

Driving While Suspended

If your license is already under suspension, stop driving immediately. Getting caught driving on a suspended license leads to fines, jail time, and license extensions. It’s just not worth the risk.

If you absolutely must drive to work, school or medical appointments, request a restricted use license from the MVC. These allow limited driving for essential purposes only. An attorney can guide you through the application process.

Reinstating Your License

If your license is ultimately suspended, you must go through the following steps to have your driving privileges reinstated in New Jersey:

1. Pay all related fines and fees.
2. Serve any jail sentence if convicted of driving while suspended.
3. Wait out the full suspension period.
4. Provide proof of valid auto insurance.
5. Pass a vision test.
6. Complete driver improvement courses if required.
7. Pay a $100 restoration fee.

This process takes time, so start early to get back on the road faster. And avoid any further violations that could lead to new suspensions.

Avoiding Suspension

The best tactic is to avoid license suspension altogether by:

• Obeying all traffic laws.
• Paying fines promptly or contesting unfair tickets.
• Maintaining auto insurance with no lapses.
• Providing current contact info to the MVC.
• Checking your driver record for errors.

But if you do receive a suspension notice, act quickly to request a hearing and protect your driving privileges.

Sources:

[1] https://www.bhattlawgroup.com/criminal-defense/new-jersey-dmv-hearing-lawyer/

[2] https://www.lslawyers.com/motor-vehicle-suspension-hearing-attorneys.html

[3] https://www.newjerseycriminallawattorney.com/traffic-offenses/license-suspension-hearing/

[4] https://www.newjerseycriminallawattorney.com/traffic-offenses/new-jersey-license-restoration/

[5] https://www.new-jersey-defense-lawyers.com/motor-vehicle-suspension-hearings-and-license-restoration.html

[6] https://www.mvplawoffice.com/new-jersey-dui-lawyer/motor-vehicle-commission-hearings/