Administrative Hearings
New Jersey Lawyers Helping Defend Against Traffic Violations
If you violate New Jersey’s traffic laws and receive a moving violation, you will have points added to your driving record. The Motor Vehicle Commission assigns points to motor vehicle violations and the number of points on your record corresponds with certain penalties. When you have 12 points, your license can be suspended, and the inability to drive can negatively affect your ability to get to school or earn a living. Different moving violations carry different point values. For example, you can receive five points for tailgating or going over the maximum posted speed limit by 30 mph or more. You can receive two points for moving violations like failure to yield at an intersection. You can challenge the Motor Vehicle Commission’s decisions and have the right to request an administrative hearing in New Jersey. An experienced New Jersey traffic ticket attorney can help you navigate the often-complex administrative hearing process.
Administrative Hearings in New Jersey
State law allows your driving privileges to be suspended for certain motor vehicle violations or when you accumulate 12 points. Motor vehicle violations that can result in losing your driving privileges include traffic law violations, being at fault in a fatal accident, drug or alcohol use, driving on a suspended license, or failure to provide proof of insurance. Suspension means your driver’s license will be removed and you won’t be able to drive for a specific period.
For example, if you receive a Scheduled Suspension Notice from the Motor Vehicle Commission, you can ask for a proposed suspension hearing to challenge the term of suspension or ask that the suspension be eliminated. You need to request the hearing within 25 days from the date of notice.
You’ll need to put your grounds for challenging the suspension in writing. You are entitled to an administrative hearing if there are disputed material facts. Hearings are not required if material facts or the law aren’t in dispute. In the hearing request, we’ll need to specify the disputed material facts that will be raised at the hearing, as well as all legal issues and arguments for which we are requesting consideration.
However, the Motor Vehicle Commission can reject your hearing request if you’re not able to present appropriate arguments about why you should receive a suspension hearing. In some rare cases, challenging the rejection can be done through the New Jersey Appellate Division, but it may be more efficient to retain a traffic ticket attorney and find out whether there is an appropriate reason to challenge the suspension.
If you are given a hearing the scheduled suspension is stayed so that a hearing can occur. You must attend the scheduled hearing, and you can incur penalties if you fail to go to the scheduled hearing without “reasonable cause.” At the hearing you’ll have a chance to present facts that are relevant to defeat the suspension or reduce a proposed suspension term. If we represent you, we will accompany you to an interview and present the best possible arguments to defeat the suspension. If you need the license in order to get to work or to care for a sick family member, for example, we can show that the suspension presents an unreasonable hardship.
Sometimes it is better to advocate that lesser penalties be imposed instead of suspension. For example, we may be able to argue that you should be able to participate in a driver’s improvement program rather than have your license be suspended.
Discuss Your Options With a Traffic Ticket Attorney in New Jersey
You may assume that there is nothing you can do about receiving points or a license suspension for a moving violation. However, in some cases, there are good grounds to challenge a decision by the Motor Vehicle Commission. Our firm has experience handling New Jersey administrative hearings. At the Grimes Law Firm, our New Jersey traffic ticket lawyers provide knowledgeable and savvy representation to clients in Somerset County and Neshanic Station, and all throughout the tri-state area. Contact us at (908) 371-1066 to schedule a free consultation. We can also handle other legal matters, such as criminal defense and personal injury.
