Operating During a Period of Suspension N.J.S.A. 39:3-40 Reduced by 92%

Administrative Suspension Under 39:4-40 Reduced by 165 Days

Recently my firm appeared at the Paterson Motor Vehicle Commission (while your letter may be from Trenton, hearings either take place in Trenton or Paterson depending on your residence) for a Administrative Suspension Hearing concerning “Operating During a Period of Suspension” under N.J.S.A. 39:3-40. This is essentially a “Driving While Suspended” offense, but handled at the administrative level (NJ MVC) instead of in the court system. Because such a hearing is equivalent to the traffic offense for Driving While Suspended (albeit with far fewer constitutional protections), the penalties are the same. Meaning that if they prove that you did in fact operate your motor vehicle during period of suspension, then you face a six (6) month loss of license and a $750 surcharge with NJ MVC.

If someone in your family or someone you know was recently presented with a notice of suspension from NJ Motor Vehicle Commission for operating during a period of suspension, you are facing a six (6) month loss of driving privileges plus steep surcharges. Depending on the circumstances of your incident you may be able to reduce this suspension, if not completely avoid the suspension all together. Contact the Law Offices of Jonathan F. Marshall at 1-877-450-8301 today and speak with a NJ lawyer today. Our attorneys have a multitude of experience handling Administrative Suspensions and Administrative Appeals on behalf of clients. Let us put our experience to work for you.

Operating During a Period of Suspension Reduced to 15 days

Our client received a letter in the mail which served as notice that he would be suspensed for a perio of 180 days set to begin a weeks later. You may have received something similar and seen obscure statutory language such as N.J.S.A. 39:3-40, N.J.S.A. 39:3-50, or N.J.S.A. 13:19-10.8. Thankfully, we were able to request a hearing prior to the implementation of any suspension and were granted a hearing not long after. At the hearing, we presented affirmative evidence that partially exculpated our client and helped to mitigated any exposure he would have to a suspension. Based on our arguments, the MVC representative agreed to a drastically lowered suspension period from 180 days to roughly two (2) weeks. This period didn’t begin until two weeks after the hearing and allowed our client to use his vacation time to avoid any potential repercussions with employment issues for not being able to drive.

New Jersey Motor Vehicle Attorney 

If you receive a notice of scheduled suspension for operating during a suspension period, you should consider hiring an attorney to request a hearing at the Trenton Motor Vehicle Commission regional office. The License Suspension and Motor Vehicle attorneys at the Law Offices of Jonathan F. Marshall have the resources and knowledge required to handle your Motor Vehicle issues and help you resolve your suspension for Operating During a Period of Suspension pursuant to N.J.S.A. 39:3-40. Our firm is available day and night for your free consultation at 1-877-450-8301.


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