who do I have to writte the letter to?, what the out-lite looks like and what happens if the letter is send late?. Thanks
Suspension of driving priveleges in NJ is a very serious matter. This is not something you can clear up by wriitng a letter. The hearing can be adjourned by informing the agency you need to obtain a lawyer. This is a very technical area of the law, and it is well worth your while to hire an experienced lawyer to resolve the issue.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:
Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
Typically, writing a letter requesting a hearing with the New Jersey Motor Vehicle
Commission (MVC) is written in response to a "Notice of Scheduled Suspension" letter generated by MVC. The letter usually sets forth the reason your license is scheduled to be suspended. There are many possible reasons for such a notice, for example: failure to pay surcharge, too many points, failure to satisfy an outstanding summons, or operating during a period of suspension. Your letter should address the specific issue raised in the MVC's notice. MVC's scheduled suspension notice also contains the address where your request for hearing should be sent. If the notice is, in fact, a Notice of Scheduled Suspension, it will also contain language that states that upon receipt of your request for hearing, your suspension will be delayed pending your hearing date (which may not for several months). I also suggest that you send your request for hearing by certified mail in the event your letter gets misplaced in the system and MVC claims it did not get your request. If your request is sent late, you may have a problem. Once the suspension goes into effect, getting the matter resolved is like getting a knot out of your shoe. You will have to contact MVC by phone and explain your situation. You may be lucky, and speak with someone who will agree to "rescind" your suspension upon receipt of your request letter.
I have represented many clients before the NJMVC for suspension related hearings. If your driver's license is already suspended, you will need to request from the NJMVC an "opportunity hearing", which is a hearing where one can argue why their suspended driver's license should be reinstated. If you did not respond to the NJMVC proposed suspension notice in a timely manner, you will most likely need to request such opportunity hearing. If you are responding to a NJMVC proposed suspension notice prior to your suspension date, your letter must argue why you are legally entitiled to a hearing to challenge the basis and length of your proposed driver's license suspension. Enclose a copy of the front and back of the NJMVC proposed suspension notice and send 2 letters, one by certified mail, RRR, and the other by regular mail. Keep in mind that if you are not satisfied with the NJMVC's decision you can appeal the same to an ALJ. It may make sense to retain an attorney for this matter so that all deadlines and legal arguments are met and made on your behalf.