New Jersey DMV Hearing Lawyer
The New Jersey Motor Vehicle Commission sends drivers a written notice when it intends to suspend a driver’s license because of traffic violations. If you’ve received a notice of proposed suspension, you may be feeling unsettled and may not know what to do next. If you received this kind of notice, you should not ignore it. You have to take action to protect your rights. The best way to do that is to respond to the notice and request a hearing with the Commission.
Before you take any action on a scheduled suspension notice, you should first speak with an experienced New Jersey DMV hearing lawyer who has represented people in license suspension cases. The Bhatt Law Group’s compassionate and knowledgeable Jersey City traffic attorneys have effectively represented many New Jersey drivers with cases involving traffic infractions. Our firm has successfully represented numerous clients in suspension hearings before the Motor Vehicle Commission.
Call us today at (201) 798-8000 for a free initial consultation on your case.
Responding to a Scheduled Suspension Notice
A notice from the Commission will advise an individual of the grounds for the proposed suspension and the suspension’s effective date. Under New Jersey Statute §39:5-30b, the proposed suspension will be effective 15 days from the date the notice was mailed unless the licensee notifies the Commission in writing within 10 days from the date the notice was mailed. The licensee should specify their intention to personally appear at a hearing to challenge the proposed suspension.
If a person fails to provide a written notice as required, their driver’s license will be suspended by the effective date indicated in the notice.
Your response to the notice should specifically request a hearing. Additionally, you should indicate the specific grounds for opposing the suspension with the help of your attorney. Once you send the response and hearing request, the proposed suspension will be halted. Instead, the Commission will schedule a preliminary conference with you and your attorney.
The Hearing Proceedings
During the preliminary conference before the hearing, you will meet with a senior employee at one of the Commission’s Regional Service Centers. During this conference, you can informally discuss the circumstances for the proposed suspension. Information relevant to this discussion will include your past driving history and any prior violations you have committed. You may also discuss how a suspension will affect your daily life.
The Commission employee may try to resolve the matter by negotiating the length of the proposed suspension or, depending on the facts, rescind the proposed suspension altogether and propose an alternative penalty. If no resolution is reached, then you can request a full hearing with an Administrative Law Judge (ALJ).
A hearing before an ALJ may be scheduled for several months later. On the day of the hearing, you or your attorney will still likely have an opportunity to settle the case beforehand, as most cases are resolved without an actual hearing before a judge.
Your attorney may be able to help to reduce the penalties instead of going through a suspension, like participating in driver education classes or community service. A knowledgeable attorney can effectively argue against the suspension using factors such as the hardship on the driver and their dependents, as well as the circumstances of the violation that support mitigation. Although there are no guarantees, your attorney may be able to help you achieve a lesser penalty, such as a shorter suspension period or an alternative penalty without any suspension at all.
Talk to an Experienced New Jersey DMV Hearing Lawyer
A suspended driver’s license can have serious consequences for a person’s life, and you should consult with an attorney who can help you avoid that result. Bhatt Law Group has attorneys with decades of combined experience in helping people in New Jersey with their traffic violations.
If you’ve received a scheduled suspension notice from the Motor Vehicle Commission, don’t hesitate to call Bhatt Law Group at (201) 798-8000 for a free initial consultation.