Motor Vehicle Commission Hearings

MVC Hearing for Suspended License

A hearing by the Motor Vehicle Commission (MVC) stems from a proposed suspended license. Under New Jersey law, there are many reasons why the MVC may decide to suspend someone’s license:

• Receiving 12 or more points on your driving record
• Failing to appear in court
• Failing to pay court fines
• Failing to pay surcharges
• Driving with an already suspended license
• Failing to provide proof of car insurance
• A physical or mental disqualification
• A DWI or DUI charge
• Severe reckless driving
• Vehicle abandonment
• Fault in a fatal accident

Notification from the DMV

Initially, you will receive mail from the DMV notifying you that there is proposed suspension of license. The announcement will also outline the reasons for such, the date the suspension will begin, and the process to contest against it. If you have received one of these letters, it is your responsibility to follow through the process to contest the action; otherwise it will begin on the set date. If you plan on contesting the suspension, it is best that you retain an attorney immediately, so a valid defense or hardship can be established, and you do not lose or waive certain rights that you have. The Motor Vehicle Commission can deny your petition if you cannot establish significant enough reasons for deserving a hearing or if you send this information out of time.

The MVC Hearing Process

A hearing usually takes about 4-6 weeks to be scheduled through the Agency. (During this time your license will not be suspended) Once you properly contest this suspension, a hearing is scheduled at one of the DMV centers. At this hearing, you will be allowed to present your defenses, and discuss raise any hardship factors that should be considered. The Officer will review all of the facts, and then an offer is typically negotiated that will severely lessen (or possibly avoid) your loss of license. If you do not accept the offer, you can appeal to have the hearing in front of an Administrative Law judge.  That route can be an expensive and is rarely a successful process.

Hire an Attorney for your MVC Violation

I have extensive experience in Motor Vehicle Commission violations and suspensions, and as your advocate contesting a proposed license suspension can become a simpler process with a much better ultimate result. Knowing the process and the perameters, together with the law, can help structure your hearing to obtain the best possible outcome.

I offer a free consultation either by phone or in my office and will work to help you with your suspension hearing. Please feel free to call me at (973) 686-9787 to discuss your case.