Mandatory Probation Period (Warning Period) Violation Hearings
The New Jersey Motor Vehicle Commission has the authority to place drivers on a mandatory probation period, where any motor vehicle violations committed within that period will result in suspension. What many drivers fail to understand is that this probation period prohibits all moving violations, even those such as “Unsafe Operation” which carry no motor vehicle points. Thus, if you plead guilty to any kind of moving violation while on a mandatory probation period, your license could be suspended from 45 to 730 days.*
The MVC will assign drivers to a Mandatory Probation Period upon any of the following conditions:
- Completion of the Probationary Driver Program
- Completion of the Driver Improvement Program
- Whenever an official “Warning” is issued by the MVC
- After restoration for a Persistent Violator (accumulation of points) license suspension
Suspension Terms for Violation of Probation Period (Warning Period)
|For the first violation within a year|
|During first 6 months following restoration||90 days|
|Within 7–9 months following restoration||60 days|
|Within 10–12 months following restoration||45 days|
|For second or subsequent violations*|
|During first 6 months of restoration||180 days|
|Within 7–9 months following restoration||120 days|
|Within 10–12 months following restoration||90 days|
*Note: If you receive three separate license suspensions throughout a three (3) year period, you may lose your license for up to three years.
Request a Hearing to Reduce a Probation Period Violation Suspension
After receiving a Scheduled Suspension Notice from the NJ MVC, a driver (or his/her attorney) has the opportunity to request a hearing and appeal the proposed suspension. This hearing request must state sufficient material facts to argue at such a hearing, and determines whether a hearing will even be granted. If a hearing request for a probation period violation suspension is denied, the driver is forced to accept the proposed term of suspension.
If a hearing request is granted, the term of suspension can be argued down by a driver or his/her lawyer. Depending on a driver’s abstract, history of suspensions, need for driving privileges, and the amounts of time that have passed between prior offenses and suspensions, the proposed suspension amount can often be dramatically reduced or eliminated. Furthermore, a skilled attorney may be able to have a probation period violation suspension eliminated in exchange for a driver completing a Driver Improvement Program.
If you or someone you know has received a Scheduled Suspension Notice for being an alleged “Persistent Violator” or for violating a mandatory probation period, give us a call at 1 (877) 450-8301 and speak to an experienced NJ License Suspension Attorney. We can help you beat your suspension.