A Court can suspend a New Jersey driver's license. This usually occurs after a guilty finding (either though plea or following a trial) to a traffic offense. The New Jersey Motor Vehicle Commission (the "NJ MVC" - formerly known as the NJ DMV) can also (independently) suspend a license. The NJ MVC can suspend a license for a variety of reasons; most commonly: (1) accumulation of points, and (2) driving during a period of suspension.
Receiving a "Scheduled Suspension Notice" can be startling and stressful. In most cases, the NJ MVC cannot suspend a license without offering the driver hearing. The notice will schedule the license suspension for a future date (usually three weeks or so following the notice). The notice will also instruct the motorist that he/she can either accept the suspension or request a hearing.
If the suspension is accepted, the license is surrendered to the NJ MVC along with a $100.00 restoration fee. If a hearing is requested, the notice will direct that a written request must be mailed to the Commission before the effective date of the suspension. The notice will also instruct that the "request must specify all disputed material facts and legal issues you or your attorney intend to raise at [the] hearing and must present all arguments on those issues you wish the Commission to consider."
In some cases, a hearing is not recommended because there are no potential (viable) legal challenges. In most cases however, a hearing request is the advisable course. That is because in most cases, a successful challenge to attempt to eliminate or reduce the proposed license suspension is possible.
The NJ MVC cannot suspend a driver's license in an arbitrary or capricious manner. The Commission will have to balance "aggravating and mitigating factors" and may specifically consider the driver's need for his license for his employment. I will prepare a detailed hearing request, which, as required, sets forth all "disputed material facts and legal issues." I will also attend the hearing with my clients and advocate on their behalf. In most cases, the loss of a license can have devastating consequences to drivers and their families. Achieving a successful and just resolution is satisfying for me as an attorney.
A Scheduled Suspension Notice does not amount to a definite license suspension. A creative and individualized defense is possible.
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Greggory M. Marootian, Esq.
30 West Mount Pleasant Avenue
Livinston, NJ 07039
Cell Direct: 1-201-404-8990