Today I received word from the New Jersey Motor Vehicle Commission that despite our client’s failure to request a hearing during the allotted time frame, we were able to induce the MVC to reduce our client’s suspension of 180 days to a period of time already served on the suspended list due to a Notice issue that I successfully argued. What this meant is that our client became eligible to have her license restored immediately, rather than having to wait 4+ months to have her license restored.
As a general rule, when the NJ MVC issues a Scheduled Suspension Notice, the driver is afforded a certain amount of time to request a hearing before that suspension becomes final and placed into effect. Ordinarily, if a driver does not respond in writing to request a hearing by this specified date, the opportunity to have a hearing is waived, and the suspension is finalized. It becomes extremely difficult to alter the suspension after this time.
In this case, however, I was able to successfully argue an issue of Notice in order to have the NJ MVC reopen the matter and adjust the suspension term. By making a case that inadequate notice of her Scheduled Suspension had been provided to my client as required by N.J.S.A. 39:5-30 and the Due Process clause of the United States Constitution, the Commission determined that the case should be called under review.
What followed is a reduction of the proposed suspension, effective immediately, which made my client eligible for license restoration as of yesterday.
My client was very pleased that a missed opportunity (through no fault of her own) was able to be recovered and utilized to reduce her license suspension to a much more manageable term.
If you were suspended by the NJ MVC and didn’t know you could request a hearing, give us a call. Although it isn’t the preferred course of action, we may be able to still achieve some type of suspension reduction. Call 1-(877) 450-8301 to speak with an attorney today.
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