Want to Contest a DMV Scheduled Suspension?
In accordance with the provisions of N.J.S.A. 39:5-30, the New Jersey Division of Motor Vehicles (“NJDMV”) may administratively suspend an individual’s drivers license based on any violation of the motor vehicle law or any other “reasonable ground”. What classically triggers a suspension like this is too many points on a license, driving at an excessive speed (e.g. 90 MPH or more), or involvement in a fatal accident. The NJDMV typically issues a suspension like this for non-compliance with some administrative rule or to compel a motorist to undertake corrective action of some kind. Driving privileges are administratively suspended for the following reasons by the DMV:
- Medical Condition
- Out of State Suspension
- Provisional or Probationary Driver Violation
- Accumulation of Motor Vehicle Points
- Driving During a Suspension Period
- Cancellation or Expiration of Insurance
Your Right to a Division of Motor Vehicle Hearing
While the NJDMV may revoke a license based on the aforesaid grounds, it generally cannot do so without first providing the motorist with an opportunity to contest the revocation at a DMV Hearing. The only exception that allows the DMV to suspend a license prior to a hearing is where death or serious bodily injury results as a result of a motor vehicle violation such as speeding in excess of 20 miles an hour over the limit, reckless driving, driving while intoxicated, and leaving the scene of an accident. Where a pre-hearing suspension is imposed, the motorist still has a right to contest the continuation of the suspension at a formal hearing.
While everyone has a right to contest a Division of Motor Vehicles suspension, success at a suspension hearing not only hinges on the facts of a case but preparation and knowledge of the motor vehicle laws. This is where our attorneys can prove invaluable. A lawyer on our team, prehaps one of our four former prosecutors, is ready to assist you. Call us anytime 24/7 at (877) 450-8301.