New Jersey Motor Vehicle Commission Suspension Hearing
A New Jersey Appellate Division Court affirmed a New Jersey Motor Vehicle Commission (MVC) decision to suspend an individual’s license for 730 days without even allowing this individual a hearing in New Jersey. The Court’s decision was decided on June 16, 2009. In this case the individual entered a guilty plea to a driving under the influence charge in Florida. His recorded blood alcohol level at the time of his arrest was .20. Following his conviction in Florida, New Jersey MVC was notified. This notification process is pursuant to the Interstate Driver License Compact, in which states share motor vehicle violation information with one another. Following this notification, New Jersey MVC sent this individual a notice of its intent to suspend his license for 730 days (two years), which is the mandatory minimum in New Jersey for a second DUI conviction. The Notice gave this man the right to request a hearing to contest the proposed suspension. The MVC denied the hearing request and suspended the license for 730 days.
The reason the hearing request was denied is because in the hearing request, all disputed material facts and all legal issues were not detailed. It is not enough merely to request the hearing. Rather, in the request, all disputed material facts and all legal issues must be detailed. The New Jersey MVC has the authority to suspend New Jersey driving privileges. And while individuals whose driving privileges are at risk have the right to request a hearing, hearings do not necessarily have to be granted. If this individual had listed all disputed material facts and all legal issues, he likely would have been granted a hearing. If your New Jersey driving privileges are at risk, contact an attorney at the Princeton, New Jersey law firm of Lependorf & Silverstein to discuss your options. The NJ license suspension attorneys at the Princeton, New Jersey law firm of Lependorf & Silverstein may be able to help save your driving privileges or at the very least reduce the proposed driving privilege suspension you may face.
