Appealing a Driver´s License Suspension Appeals Attorneys NJ
Learn about suspension license-related issues with experienced Attorneys in Woodland Park, Clifton, Paterson, Wayne and across Northern New Jersey
If you have had your driver’s license suspended in New Jersey, it is essential to appeal the suspension to maintain your capacity to drive. Otherwise, you may go without the necessary transportation, which could get in the way of your ability to commute to work or support your family’s transport needs. If you accept the suspension, you will have to submit your license and a $100 restoration fee. Many don’t know that appeal is an option, so they do this and lose time and money waiting for the restoration of their driving privileges. Read on to learn how you can appeal your driver’s license suspension and get back on the road.
Upon planned suspension of your driver’s license, you’ll receive a Scheduled Suspension Notice from the New Jersey Motor Vehicle Commission. This notice outlines why your driver’s license is being suspended and the length of time of the suspension, which generally ranges between 14 days and indefinitely.
Reasons for a Suspended License
There are various reasons a driver’s license is suspended in New Jersey. Common suspendable offenses are
- speeding,
- driving under the influence of drugs or alcohol,
- using a hand-held device like a cellphone while driving,
- having too many points on your license for traffic offenses,
- driving during a license suspension, and
- abandoning your car in a dangerous zone,
among other offenses. The Scheduled Suspension Notice also notes the date the suspension will take effect.
What to Do When You Receive a Scheduled Suspension Notice
First, you’ll want to thoroughly read the Scheduled Suspension Notice to gather important information like the exact reason for the suspension, the scheduled date of effect, and the duration of the suspension. Depending on the context of your suspension, it will either be wise to request a hearing for an appeal or simply accept the conditions of the suspension. A consultation with our experienced legal team can help you determine which is the best action step to take. The following information will also support you in your next steps.
Accepting the Motor Vehicle Commission’s License Suspension
If you decide to accept the suspension of your license, you will mail the bottom half of the Scheduled Suspension Notice and your driver’s license to the New Jersey Motor Vehicle Commission (MVC) with a $100 restoration fee, as outlined in the notice. The MVC must receive these documents and fees before the scheduled suspension date, or you may be subject to further fines and a lengthier suspension.
Appealing the License Suspension
If you wish to appeal the decision of the New Jersey Motor Vehicle Commission, it is best to seek legal support to help you navigate the process and bring the most developed argument possible to the hearing.
The first step upon deciding to appeal is to request a hearing. You must submit an official letter of appeal request before the suspension effective date noted on the Scheduled Suspension Notice. Included in the request for appeal are your argument against facts or the legal basis of your license suspension or another arguable defense. Because the state of New Jersey’s legal reasons for suspending a license is so cut and dry, it is often difficult to find legal fault with the suspension notice; however, with the support of a skilled firm like ours, you can receive valuable support in the delivery of an arguable appeal plea.
If your appeal request is accepted, you will receive a hearing date and be required to appear in the New Jersey Motor Vehicle Commission’s regional office.* During the hearing, you will be interviewed by an MVC agent regarding the documented reasons for license suspension as well as your defense. Upon review of the evidence and your testimony, the agent will make a decision as to the legal standing for your appeal. If your appeal is denied, you may accept the suspension and follow the steps toward restoration, or you may appeal to the New Jersey Superior Court.
*MVC Regional Offices: Newark, Paterson, Bayonne, Trenton, Salem, Manahawkin, Toms River, Jersey City, North Bergen, Somerville, Randolph, Cherry Hill, Springfield Township, Vineland, Wayne, Eatontown, Ganttown Square, Thorofare
Consult a Traffic Violation Lawyer Today
At The Montanari Law Group, our attorneys have extensive experience helping drivers get back on the road after their licenses have been suspended, including support in the development and delivery of appeals to the New Jersey Motor Vehicle Commission.
To speak with our firm today in a comprehensive and confidential case assessment regarding your license suspension, please contact us online or through our Little Falls office today at 973-233-4396 for a free consultation.
