Adminsitrative Suspension for Point Accumulation Dropped

Trenton License Suspension Attorney

The New Jersey Motor Vehicle Commission is like a sleeping giant. They typically go unnoticed by most motorists, outside renewing you license, until NJ MVC has a reason to pay attention to you. More often than not, this reason for attention is point accumulation. Pursuant to the New Jersey Administrative Code (“N.J.A.C.”) section 13:19-10.2, the NJ Motor Vehicle Commission has authority toto suspend a driver’s license for having accumulated too many points within a certain period of time. This is what is known as a “Persistent Violator” suspension, and the proposed suspension could range anywhere from 30 days to three (3) years, depending on the driver’s history and number of previous suspensions. In addition to any suspension, NJ MVC will impose year surcharges based on your level of point accumulation (surcharges begin anywhere from 6 points and up).

Administrative Suspension For Points Dismissed

Just yesterday I appeared for a preparing conference in Paterson, NJ, regarding a proposed Motor Vehicle Suspension for Point Accumulation, pursuant to 13:19-10.2. We had actually been retained by this client to handle a few motor vehicle and traffic matters. To be brief, in what was a complex situation, the client plead guilty to Unsafe Operation (without legal counsel) and was unaware that based on his prior record, this offense actually carried points, which put him over 12 points on his license. While reviewing his file, I noticed this anomaly and filed a Post-Conviction Relief Motion in the court where he plead guilty to the Unsafe Operation ticket that caused the point accumulation suspension. After re-pleading his charges, I was able to remove four (4) points from his driver’s license and take him back under the 12 point threshold for license suspensions in New Jersey. In the end these legal maneuverings prevented the NJ Motor Vehicle Commission from having the power to suspend his license for point accumulation, thus forcing them to drop their proposed suspension.

New Jersey Administrative Suspension Guideline For Point Accumulation

Period of Time Points Accumulated Proposed Suspension
Two Years or Less 12 to 15 Points 30 Days
Two Years or Less 16 to 18 Points 60 Days
Two Years or Less 19 to 21 Points 90 Days
Two Years or Less 22 to 24 Points 120 Days
Two Years or Less 25 to 27 Points 150 Days
Two Years or Less 28 or more Points Not Less than 180 Days
More Than Two Years 12 to 14 Points 30 Days or Less
More Than Two Years 15 to 18 Points 30 Days
More Than Two Years 19 to 22 Points 60 Days
More Than Two Years 23 to 26 Points 90 Days
More Than Two Years 27 to 30 Points 120 Days
More Than Two Years 31 to 35 Points 150 Days
More Than Two Years 36 or More Points Not Less than 180 Days

 

Motor Vehicle Commission Suspension Lawyer

The attorneys at the Law Offices of Jonathan F. Marshall are experienced former Municipal and County Prosecutors in the State of New Jersey. Having handled thousands of cases in their careers, our attorneys and support staff understand how best to mount your defense in your Traffic or Motor Vehicle hearing. Contact our office at 1-800-509-3333 for your complimentary consultation today.

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