A Motor Vehicle Commission suspension for fault in a fatal accident is by far the most serious type of license suspensions that can be issued. Aside from the obvious grief one undoubtedly feels after surviving a fatal accident, being assigned the fault in a fatal accident can lead to an immediate license suspension — and therefore total disruption of a surviving individual’s livelihood — without even a pre-suspension hearing.
The following are some important facts to consider if you or someone close to you is dealing with a license suspension for fault in a fatal accident. If you need assistance with handling a suspension because you have been charged with being at fault in a fatal accident, we know you are dealing with a lot of stress. Call us at 1 (877) 450-8301 for a free, no-obligation consultation. We’re here to help.
Immediate Suspension Following Fault in a Fatal Accident
The New Jersey Motor Vehicle Commission has the authority to immediately suspend an individual’s license when it is reported that they may have been at fault in a fatal accident. A hearing request can then be made to the Commission’s Hearing Unit, in which the Commission has 15 days to respond and grant a preliminary hearing. This is unique to suspensions involving fault in a fatal accident, since the suspension begins to run prior to any hearing opportunities.
At this preliminary hearing, it will be determined whether a driver’s license should remain suspended until a final (plenary) hearing can be conducted. Whether the license is restored at the preliminary hearing or not, a final hearing will still need to be conducted to determine if a license suspension is appropriate for the circumstances. Fault in a fatal accident could lead to a suspension of up to 3 years.
How to Get Your License Back from a ‘Fault in a Fatal Accident’ Suspension
Certain arguments can be made by an attorney at both the preliminary and ‘final’ hearings which can sway the minds of the NJ MVC agent and convince him or her to restore a driver’s license following a fatal accident. The argument must be convincing that based on all facts and circumstances related to the offense, continuing a suspension is not required to serve the interest of public safety.
Our attorneys can help you overcome your suspension. Call 1 (877) 450-8301 to find out how our license suspension attorneys can help get you back to where you once were before these unfortunate events occurred.
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