Can I appeal NJ surcharges and motor vehicle driving record?

Asked over 2 years ago - Newark, NJ

I have had a ny driver's license since 9/10 as I handed in my nj dl. Shortly after that, I was stopped on two diffrent occasions for driving while suspended due to unpaid nj surcharges. NJ then added these events to my no longer existing nj driving record and raised the total amount of surcharges due. As I no longer hold a NJ license, can I appeal these additional surcharges and driver history issues?

Attorney answers (4)

  1. Mark M Cheser

    Contributor Level 20

    2

    Lawyers agree

    Answered . You cannot appeal the surcharges but you may be able to appeal the dispositions in the Courts whether by plea or trial that created the surcharges. Why did you plead to the 39:3-40 tickets? That charge is among the most defensible charges in municipal court since they must prove proper notice.. Cases have ruled that out of state violators must pay the surcharges. There are also course and programs to reduce points more quickly than the 3 point yearly deduction for violation free driving. Call for a free consultation. Newark is a very reasonable court.

  2. James Alexander Abate

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . This is from the NJ MVC Surcharge fact sheet and seems like a complete answer to your questions:

    You are responsible for paying an imposed surcharge even if you move out of
    New Jersey. The surcharge applies regardless of your current license, registration
    and/or insurance status. No driver will be exempt from surcharge obligations
    based on violations received while in New Jersey with an out-of-state license.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  3. Thomas Carroll Blauvelt

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . This seems to be surcharges old and new. There is no way to appeal surcharges. You may want to consult with a bankruptcy attorney to see if the surcharges are dischargeable.

  4. Jennifer Melissa Mendelsohn

    Contributor Level 12

    1

    Lawyer agrees

    Answered . I agree with my colleagues that you cannot appeal the surcharges and you are responsible for paying any imposed surcharges even if you moved out of New Jersey and hold an out of state license.

    This message does not constitute legal advice and is for informational purposes only. This message does not... more

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