What is a MVC Scheduled Suspension Notice?
If you received a letter titled “Scheduled Suspension Notice” from the NJ Motor Vehicle Commission (NJ MVC) recently, you may be wondering what this is, and how to fight it. When the NJMVC issues an administrative suspension for one of the many reasons set forth in New Jersey law, they are required to provide notice to a driver in advance of the proposed suspension date. This provides a driver with an opportunity to challenge the proposed suspension on a variety of grounds, or accept the suspension as it is proposed.
Why Did You Receive a Scheduled Suspension Notice from the NJ MVC?
In the first paragraph of your scheduled suspension notice, you will see the proposed term of suspension and effective suspension date. Just below that, you will see the reason for your proposed suspension. This may include, but is not limited to, the following reasons:
- Driving While Suspended (but not ticketed for DWS at the time of the stop)
- Failure to Appear in Court
- Misstatement of Fact on an Application to Secure a NJ Driver’s License
- Persistent Violator Suspension (accumulation of too many Motor Vehicle points)
- Fault in a Fatal Accident
- Moving Violation During a Probation Period
- Physical or Mental Disqualification
- Abandonment of a Motor Vehicle
If you’ve read over your scheduled suspension notice and are still confused with why you are having your driver’s license administratively suspended, please call our office at 1 (800) 509-3333 and one of our attorneys will assist you.
Accepting the Suspension as Proposed in the Scheduled Suspension Notice
To accept the suspension, a driver simply needs to sign the notice, and return it with their driver’s license and restoration fee payment using the provided envelope. However, this is rarely the best choice of action since a driver is entitled to a hearing on the proposed suspension.
Fighting the Suspension as Proposed in the Scheduled Suspension Notice by Requesting a Hearing
To request a hearing, a driver (or his/her attorney) must submit a written request that must be mailed before the listed “Suspension Effective Date” to the Motor Vehicle Commission Hearing Unit, PO Box 166, Trenton, NJ 08666. The hearing request must specify “all disputed material facts and legal issues” that the driver or his/her attorney intend to raise at a hearing.
This particular step is crucial to obtaining a hearing, as not being specific enough could result in a driver’s hearing request being denied, and the proposed suspension going into effect as scheduled. This decision will become final, and there is very little that can be done after this.
Thus, it is essential that an experienced license suspension attorney be involved from the start in order to maximize the possibility of obtaining a hearing and subsequently reducing the proposed suspension term.
If you receive a Scheduled Suspension Notice from the NJ MVC, it may come as a surprise. However, there is still plenty that can be done to reduce or postpone the scheduled suspension. Call a license suspension attorney at 1 (800) 509-3333 to find out how we can help you request a hearing, and appear with you to reduce your proposed license suspension.