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Having your license suspended by the New Jersey Motor Vehicle Commission (MVC) can cause great hardship and possibly the loss of your job if you need your license for work or to get to work. If you accrue too many points or violations within a short time period of time, MVC can suspend your driving privileges. 

WHAT ARE POSSIBLE REASONS WHY MY LICENSE IS SUSPENDED?

  • If you receive 12 or more points on your current driver record
  • Failure to appear in court or to pay fines
  • Failure to pay surcharges
  • Driving with a suspended license
  • Failure to provide proof of insurance
  • Physical or mental disqualification
  • Drug or alcohol use while driving
  • Reckless driving
  • Vehicle abandonment on a public highway
  • Fault in a fatal accident

WHAT WILL HAPPEN FIRST?

First you will receive a written notice advising you of your “scheduled suspension”. The notice will tell you three important things: 
(1) The date the suspension is scheduled to start, 
(2) the length of the suspension, and 
(3) the process to appeal the suspension. 

WHAT IF I WANT TO FIGHT THE SUSPENSION?

If you want to fight the suspension, the most important of these is the date the suspension is to begin. When you are facing a license suspension, retaining an experienced defense lawyer can substantially reduce the length of your license suspension. An appeal of a proposed license suspension is not automatically granted. As soon as you get the notice, schedule an appointment with a lawyer who frequently handles these types of hearings. There is no public defender available for this type of hearing. 

DOES THE HEARING REQUEST NEED TO BE SPECIFIC?

The hearing request must raise certain types of issues, or the MVC may not grant the hearing.  This can result in your license being suspended on the date in your notice and for the period of time indicated in your notice. If you do not request a hearing before the date listed in your notice, your driver’s license will be suspended for the full duration of the scheduled suspension.  Once your license has been suspended, it is too late to appeal the suspension.

WHEN IS A  HEARING SCHEDULED?

Once your appeal has been granted, your case will be scheduled for a pre-hearing conference at 

the MVC offices. At the pre-hearing conference, your lawyer will argue for a reduction in the length of the suspension. When properly presented at the pre-hearing conference, an experienced traffic defense lawyer can often get an agreement to substantially reduce the period of license suspension. If you accept the negotiated settlement at the MVC office conference, your license will be suspended for the shorter suspension period. If you do not accept the negotiated settlement, the matter will be scheduled for a hearing before an administrative law judge. Once your license has been suspended, DO NOT DRIVE until the restoration fee has been paid to the MVC and you have been re-issued a driver’s license. 

Call us today at 609-392-7600 to see if you are eligible for an expungement. If you are not eligible under one of the main statutes, you could be eligible for a clean slate expungement.

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