Misstatement of Fact on an Application to Secure a License

MVC Scheduled Suspension Notice for Misstatement of Fact on an Application

As a response to the tragic events of September 11, 2001, the New Jersey Motor Vehicle Commission and Department of Homeland Security began implementing facial recognition software in their computer systems to detect persons of interest through driver’s license photographs the MVC kept on file, and prevent a misstatement of fact on any new applications. As a byproduct of these efforts, this same software is now being used to automatically comb through the millions of photographs in the MVC archives and match them to new license applications and renewals, identifying any faces that appear on more than one driver’s license record and highlighting potential misstatements of fact in driver’s license applications.

Misstatement of Fact Suspension Triggered by Face Recognition Software

Photo courtesy of Ryan Somma

This effort, known as “Operation Facial Scrub,” has generated more than 600 driver’s license investigations at this time, and this number is rising every day.*

* Note: Not only can you face a license suspension for misstatement of fact through the Motor Vehicle Commission, but you may also be subject to a violation of the New Jersey Motor Vehicle or Criminal Code under Titles 39 and 2C, respectively. (See also: Falsifying a Driver’s License ApplicationUsing False Information to Obtain a Driver’s License)

Preliminary ID Hearings for Misstatement of Fact NJ MVC Investigations

Even more concerning is the number of automatically generated Scheduled Suspension Notices that are being sent out to New Jersey motorists requesting that they come to the Trenton Regional Service Center and “present acceptable proof of legal name, date of birth, valid address, social security number, legal presence in this country, and/or testimony concerning fraud/misuse of the driver’s license and/or registration under investigation.” Until a driver does so, either by himself or with an attorney present, his or her license will be suspended indefinitely.

It is always advised to hire an attorney before attending one of these preliminary ID Hearings. At the Law Offices of Jonathan F. Marshall, we have considerable experience handling misstatement of fact investigations at the NJ MVC. Don’t risk going alone to a hearing that can cost you your driving privileges for up to two (2) years. Call 1 (877) 450-8301 and talk to a license suspension attorney today.

Request a Hearing to Contest a Misstatement of Fact on an Application Suspension

Following one of these “ID Hearings,” the driver is likely to be issued another Scheduled Suspension Notice that accuses the driver of making a “misstatement of fact on an application to secure a license or registration,” with a proposed suspension period of up to two years. At this time an attorney can make a request for a hearing on a driver’s behalf, and arrange for a hearing date with an agent of the NJ Motor Vehicle Commission.

At this hearing, the driver or his/her attorney can make arguments to reduce or eliminate the proposed misstatement of fact suspension, and help get the driver back behind a wheel. This is the one time where any relevant factors can be addressed, including circumstances giving rise to the initial misstatement of fact, as well as reasons why a loss of license would create a substantial hardship on the driver.

Call 1 (877) 450-8301 to learn more about the process, and to hire an attorney to request your hearing for you. You’ll be glad that you did.


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