When you accumulate 12 or more points within a two-year period on your New Jersey driver's license, the Motor Vehicle Commission (MVC) will start the proceedings to suspend your driving privileges. This procedure will start with the MVC sending you a Notice of Suspension. While few things in life are certain, the date in the Suspension Notice should be viewed as written in stone. When you receive the Notice, if you do nothing, your license will be suspended on the date in the Notice for the full period of the proposed suspension. If you want to fight to keep your driving privileges, you can do several things to try to influence the MVC into letting you keep it.
Unless you are familiar with the procedures and rules governing this type of situation, you may want to retain the services of a knowledgeable criminal defense lawyer like those at Bailey & Orozco to represent you. The MVC Notice will tell you the date the suspension is to begin, the length of the suspension and how to appeal the suspension. If you want to protect your driving privileges, the most important of these is how to appeal the suspension.
The granting of a hearing is not automatic and the letter requesting the hearing must raise certain issues on your behalf. If you want a lawyer to assist you, you will have to retain one, preferably one who has had the experience of handling these types of scheduled suspensions before, as there is no public defender available for this type of hearing. If you do not file the letter requesting the hearing with the MVC before the date of the proposed suspension, it will be too late to appeal the suspension.
Once your hearing has been granted, the suspension will be 'stayed' pending the hearing. At the hearing, your defense lawyer will argue for a reduction in the scheduled period of suspension. At Bailey & Orozco, we have been successful in negotiating reductions of proposed years-long suspension down to months-long suspensions; and, from months of suspension down to days of suspension. While not all cases are the same, a reduction is probable. You should however still anticipate a shortened suspension period of your driving privileges. You should also discuss with your defense attorney whether you will get any benefit from taking a Driver Improvement Course before your hearing.
Once your privileges are suspended, by either not filing an appeal or by accepting the negotiated reduction in suspension, DO NOT DRIVE, until your suspension period is over, and you have been re-issued your driver's license. Remember, under the N.J. code, driving is a privilege not a right. Defending you driving privileges is important to you, your family, and your employer. For questions how a knowledgeable defense attorney like Howard W. Bailey can help you, call to discuss your case.
