How to Appeal a NJ License Suspension
Posted June 9th, 2017 by Anthony Carbone, PC.
Categories: Legal Topics.
You swore that you paid those parking tickets off. But the state says otherwise. Which is why when you get a letter in the mail from the MVC stating your license is being suspended, you’re confused and a little frightened. Is there a way to fight this?
Fighting a License Suspension
Before answering this question, let’s explain the license suspension process in New Jersey. There can be multiple reasons why your license is being suspended, including:
- Accumulating 12 or more points on your driving record
- Being found at fault in a fatal traffic accident
- Being accused of reckless driving
- Receiving a DUI
- Failure to pay fines or surcharges
- Failure to provide proof of insurance
You will receive a letter in the mail called a Notice of Proposed Suspension. This notice will give you a reason for your suspension, how long the proposed suspension will be, and the start date. This notice will also give you information on how you can request a DMV hearing to fight the suspension. This request must be made within 25 days of notice.
Once you request the hearing, your license suspension will be postponed until the matter is heard in court.
At the DMV Hearing
It’s important to note that your request for a hearing may be denied if you cannot dispute the suspension. For example, going back to the parking tickets scenario, let’s say you have canceled checks that show these tickets have been paid for. Because you have evidence that shows the reason for the suspension is faulty, the DMV hearing will proceed.
You will still be able to drive prior to the hearing, which takes approximately four to six weeks to be scheduled. But you will need to get all your facts straight before the hearing. This means you will need all your supporting materials in order before the hearing begins.
At the hearing, not only will your argument be heard but your driving record will be examined. The decision will be made by an MVC hearing officer — however, if you don’t agree with this ruling, you will be able to request an appeal with the court.
The best way to fight a traffic violation is to have a good defense attorney by your side. Contact the Law Offices of Anthony Carbone today for more information.
