UNDERSTANDING AND DEALING THE DMV SUSPENSION PROCESS IN NEW JERSEY
One of the more troubling things you will receive is a scheduled suspension notice from the NJ Motor Vehicle Commission “NJMVC” or what was formerly and lovingly called the Division of Motor Vehicles (“DMV”).
Let us explain what it is and why you are here – As you have probably heard already, driving in New Jersey is a privilege, not a right. The NJMVC is the governmental agency responsible for titling, registering and inspecting automobiles and licensing drivers in New Jersey. And, Section 13:19-10 of the New Jersey Administrative Code (“N.J.A.C.”) gives authority to the NJMVC to suspend a NJ driver’s license. First, a driver can receive a suspension notice for having accumulated too many points within a certain period of time. This is what is known as a “Persistent Violator” suspension. A driver will also likely receive a suspension notice if they plead guilty to a moving violation if they were serving a period of suspension when they received
A driver may also receive a suspension notice if he or she fails to appear in court for a traffic or parking ticket and the Court suspends the driver’s license for failing to appear. One can also receive a suspension notice if he or she were convicted of a moving violation while being on a probationary period. And, unfortunately, when a NJ driver is involved with an accident which leads to a fatality, the NJMVC will most likely seek suspension of the driver’s license. I will discuss each in turn :
PERSISTENT VIOLATOR SUSPENSIONS
You probably know that having more than 12 points on a driver’s license will cause a potential suspension. So, if a driver pleads guilty to many moving violations in a given period of time, the NJMVC will send the driver a scheduled suspension notice because of them being a persistent violator.
These tend to be the most prevalent and proposed suspensions could range anywhere from 30 days to three years, depending on the driver’s history and number of previous suspensions.
Additionally, once a driver is restored from a suspension, they are put on a probationary license for a period of one year. At this time, any moving violation, including those that do not carry points, can trigger a suspension for being a “persistent violator”. The MVC uses a sliding scale and range to determine how much suspensions might be doled out to
| Period of Time | Points Accumulated | Proposed Suspension |
|---|---|---|
| Two Years or Less | 12 to 15 Points | 30 Days |
| Two Years or Less | 16 to 18 Points | 60 Days |
| Two Years or Less | 19 to 21 Points | 90 Days |
| Two Years or Less | 22 to 24 Points | 120 Days |
| Two Years or Less | 25 to 27 Points | 150 Days |
| Two Years or Less | 28 or more Points | Not Less than 180 Days |
| More Than Two Years | 12 to 14 Points | 30 Days or Less |
| More Than Two Years | 15 to 18 Points | 30 Days |
| More Than Two Years | 19 to 22 Points | 60 Days |
| More Than Two Years | 23 to 26 Points | 90 Days |
| More Than Two Years | 27 to 30 Points | 120 Days |
| More Than Two Years | 31 to 35 Points | 150 Days |
| More Than Two Years | 36 or More Points | Not Less than 180 Days |
In the first paragraph of your scheduled suspension notice, you will see the proposed term of suspension and effective suspension date. Just below that, you will see the reason for your proposed suspension. This may include, but is not limited to, the following reasons:
Driving While Suspended (but not ticketed for DWS at the time of the stop)
Failure to Appear in Court
Misstatement of Fact on an Application to Secure a NJ Driver’s License
Persistent Violator Suspension (accumulation of too many Motor Vehicle points)
Fault in a Fatal Accident
Moving Violation During a Probation Period
Physical or Mental Disqualification
Abandonment of a Motor Vehicle
If you’ve read over your scheduled suspension notice and are still confused with why you are having your driver’s license administratively suspended, please call our office at 1 (800) 509-3333 and one of our attorneys will assist you.
Accepting the Suspension as Proposed in the Scheduled Suspension Notice –
To accept the suspension, a driver simply needs to sign the notice, and return it with their driver’s license and restoration fee payment using the provided envelope. However, this is rarely the best choice of action since a driver is entitled to a hearing on the proposed suspension.
Fighting the Suspension as Proposed in the Scheduled Suspension Notice by Requesting a Hearing
To request a hearing, a driver (or his/her attorney) must submit a written request that must be mailed before the listed “Suspension Effective Date” to the Motor Vehicle Commission Hearing Unit, PO Box 166, Trenton, NJ 08666. The hearing request must specify “all disputed material facts and legal issues” that the driver or his/her attorney intend to raise at a hearing.
This particular step is crucial to obtaining a hearing, as not being specific enough could result in a driver’s hearing request being denied, and the proposed suspension going into effect as scheduled. This decision will become final, and there is very little that can be done after this.
The New Jersey Motor Vehicle Commission (MVC) follows specific procedures when it proposes suspending a driver’s license. These procedures are spelled out in the New Jersey Administrative Code, beginning at N.J.A.C. 13:19-1.1.This page outlines those procedures. The procedures apply to all proposed license suspensions except for cases involving fatal accidents.
When the New Jersey MVC proposes a suspension, it mails a Scheduled Suspension Notice to the driver at the address that the MVC has on file for that driver. The Scheduled Suspension Notice advises that, unless certain steps are taken, a suspension will go into effect on a specific date. In order to prevent the suspension from happening, the driver must mail a letter to the MVC requesting a hearing. The letter must be provided within the time specified on the Notice. That time is often twenty-five days from the date of the notice. However, drivers must never assume that they have twenty-five days. It is crucial to read the Notice carefully in order to determine the actual deadline.
The letter requesting the hearing must specify material facts or legal issues that the driver intends to raise at the hearing. If the letter specifies legal issues, it must also include arguments in support of those legal issues. Unless the letter recites specific contested facts or legal issues (or both), no hearing will be provided. The MVC will then notify the driver that it is denying the hearing request, and will advise the date the suspension will take effect.
When a hearing request contains disputed material facts, the MVC will schedule a prehearing conference. It will notify the driver of the date, time, and place of the prehearing conference. The prehearing conference will be conducted by an MVC employee. The MVC refers to that employee as a “driver improvement analyst.” The driver is required to attend that conference. If the driver fails to attend the prehearing conference, the MVC considers the request for the prehearing conference to be abandoned. It will then issue the Notice of Suspension.
When the sole reason for requesting the hearing is legal issues, with supporting arguments, the New Jersey MVC has three options. First, it can decide those issues without a hearing, and issue a written decision. Second, the MVC can schedule a prehearing conference, just as when the letter lists only contested facts. Its final option is to refer the matter to the New Jersey Office of Administrative Law (“OAL”) for a hearing in front of an administrative law judge.
The prehearing conference has several purposes. These purposes include clarifying disputed material facts and legal issues raised in the hearing request; reviewing the evidence upon which the driver bases his or her claim; determining discovery needs of the driver; providing the driver with any discovery to which the driver may be entitled, and exploring the possibility of an agreement to resolve the administrative action to be taken.
If a driver accepts the resolution of the proposed administrative action, NJ drivers license suspended after notice of scheduled suspensionthe matter concludes. When agreement cannot be reached and legal or factual issues still exist, the matter is then forwarded to the Office of Administrative Law for a hearing. Where no legal or factual issues remain, however, the matter is not sent to the Office of Administrative law. Rather, the New Jersey Motor Vehicle Commission notifies the driver that the proposed license suspension will begin on a specified date. The driver’s only options at that point are to accept the suspension or to file a judicial appeal. This appeal would be filed in the Appellate Division of the Superior Court of New Jersey.
Some situations exist where the MVC can suspend driving privileges without a prior hearing. When that occurs, the suspension is valid, but the MVC must then promptly provide a hearing, using the procedures indicated above. But if the suspension is one that is required by law, and where the MVC has no discretion, the procedures indicated above will not be followed.
If this page gives you the feeling that the New Jersey prehearing conference is a hugely important step in the proceedings, you are right. Preparation for the conference is vital. The driver must know what to say at this prehearing conference. And, most importantly, the driver must know what not to say.