New Jersey Criminal Defense Attorney Blog

An experienced DMV lawyer can challenge your proposed DMV suspension. It is hard to imagine living in New Jersey without a valid driver's license. Because of the paucity of reliable public transportation in the State, a proposed suspension can strike fear into the driver's heart for good reason.

The process starts with the New Jersey MVC (DMV) deciding that they are going to suspend your license because of points or some other reason. You are eligible to have your license suspended for points if you have accumulated 12 or more points. The DMV (MVC) will send you a letter notifying you that they intend to suspend your license for a specific amount of time.

You only have a certain amount of time to respond to this notice or your license will be suspended. Many people make the mistake of trying to handle this situation on their own. They usually don't even get so far as to properly submit the hearing request letter.

A request for a hearing must be made in writing and sent to the MVC in Trenton. The request must comply with certain rules. If your request fails to set forth any disputed material facts, legal issues, or arguments of such issues, the request will be denied and the suspension will become effective on the date specified by the Commission and constitute the Commission's final decision on the matter. If your MVC - DMV Trenton attorney properly requests a hearing, the suspension will not become effective pending a decision on your request.

My office frequently appears on driver's whose licenses have been targeted for suspension my the DMV. We have had this suspensions reduced considerably for our clients.

If a proposed suspension notice from the New Jersey Motor Vehicle Commission (formerly known as the DMV) has arrived in your mailbox, you should contact a NJ DMV lawyer immediately. You only have a short time to request a hearing from the MVC.

A common reason to receive such a notice is if you have violated NJ's probationary driving program. The letter will say: Scheduled Suspension Notice, and read as follows:

"Your New Jersey driving privilege is scheduled to be suspended as of DATE for 90, 120 or even more days. By authority of N.J.S.A. 39:3-10b, 39:5-30 and N.J.A.C. 13:19-10.1 et seq., Motor Vehicle Commission has scheduled the suspension of your New Jersey driving privilege because you committed the violation of the motor vehicle laws described below within a period of one year following the successful completion of a probationary driver program.

The notice will then list the date, location and nature of the offense.

You may accept this suspension or request a hearing. To accept this suspension or request a hearing. To accpt this suspension, sign the bottom part of this notice, detach, and return it to Motor Vehicle Commission with your current New Jersey driver license and restoration fee payment. Please use the enclosed envelope. A hearing request must be in writing and mailed before the above suspension effective date to: Motor Vehicle Commission, Hearing Unit, PO Box 166, Trenton, NJ 08666-0166. Enclose a copy of this notice.

Your request must specify all disputed material facts and legal issues you or your attorney intend to raise at a hearing and must present all arguments on those issues you wish the Commission to consider.