Failing to Get a Motor Vehicle Suspension Hearing Can be Devastating
If you’ve received a Scheduled Suspension Notice from the New Jersey Motor Vehicle Commission, or “MVC” for short, you have the right to request a suspension hearing to challenge the proposed term of suspension and potentially eliminate the proposed suspension altogether.
The process, however, is not to be taken lightly. The MVC (formerly, the NJ Division of Motor Vehicles or “DMV”) can deny your hearing request if you fail to set forth sufficient arguments as to why you deserve a suspension hearing, and challenging this administrative decision is an expensive (and rarely successful) process handled at the New Jersey Appellate Division. In short, obtaining a hearing is the most important step in defeating an Administrative License Suspension.
If you’ve received such a notice, it is best to contact an attorney with MVC Hearing experience immediately, in order to maximize your chances of receiving a hearing date and minimizing/terminating your proposed suspension. Speak with an experienced lawyer 24/7 at 1 (800) 509-3333 to find out how we can help you challenge your proposed suspension.
Request a Motor Vehicle Suspension Hearing to Reduce Your MVC License Suspension
For all administrative suspensions, the MVC will provide the driver with notice of the pending license suspension called the “Scheduled Suspension Notice.” Upon receiving this notice, the driver will have the right to challenge the MVC’s suspension by requesting a Proposed Suspension Hearing. Individuals, or better yet, their attorneys, must inform the state that they intend to challenge the suspension by putting in writing the grounds for their challenge. If the hearing is granted, the Scheduled Suspension will be stayed until the hearing before an administrative law judge or MVC representative takes place. A date will be provided, and penalties can occur if the driver fails to attend the scheduled hearing without “reasonable cause.”
Successfully obtaining a MVC Suspension Hearing has traditionally been more likely to occur when an attorney is sending a formalized request on behalf of a client. If you would like assistance with obtaining a hearing, our office can represent you on the request and handle the hearing if and when it is scheduled. Call us any time and speak with an attorney to find out more.
What Happens at an NJ MVC Suspension Hearing?
If a MVC Scheduled Suspension Hearing is acquired at either the Trenton or Paterson NJ MVC location, the driver (and his or her lawyer, if they have one) will have an opportunity to present all additional facts that are relevant to either terminate or reduce the proposed suspension term. The driver and his or her attorney will meet with a representative at the Trenton or Paterson Motor Vehicle Commission office, who will conduct an interview and listen to any counter-arguments presented. There is no courtroom, robed judge, jury, or spectators in this somewhat informal proceeding. By the end of this hearing, a decision will be rendered as to the revised suspension period or termination of the scheduled suspension.
At MVC suspension hearings, an experienced attorney can also advocate for lesser penalties in lieu of license suspension, such as participation in a Driver’s Improvement Program. Furthermore, circumstantial evidence that demonstrates the driver’s need for a license to work, the hardship a suspension will create for the driver, other persons that depend on the driver’s ability to operate a vehicle (i.e. sick or elderly relatives, children), and factors that played a role in the original transgression that gave rise to the suspension to begin with are all admissible at these hearings.
Hire an Attorney to Fight Your Motor Vehicle Suspension
If you or someone close to you has been issued a Scheduled Suspension Notice, an experienced attorney like those at the Law Offices of Jonathan F. Marshall can help you maximize your chances at reducing or terminating the proposed license suspension. Given the short timeframe by which a driver must respond to a MVC suspension notice, it is best to contact a lawyer as quickly as possible. Call 1 (800) 509-3333 twenty-four hours a day, seven days a week, and find out how we may be able to help you keep your license and prevent such a massive disruption to your livelihood.
- NJ MVC Scheduled Suspension Notices
- Misstatement of Fact on a Motor Vehicle Application
- Fault in a Fatal Accident
- Persistent Violator Suspensions
- Probation Period Violation Suspensions