When you get a Schedule Suspension Notice in the mail from the New Jersey Motor Vehicle Commission (short for “MVC”), you may feel an array of different feelings, including fear of the unknown. You may not know what to do to protect your legal rights. This article discusses one of the most important steps you need to take after receiving such a notice.
Request a Motor Vehicle Suspension Hearing
The driver’s license suspension process should not be taken lightly. Losing your driving privileges could severely impact all aspects of your life, as well as the lives of your family members. One of the most important steps you need to immediately take after receiving a Scheduled Suspension Notice is to request a hearing to challenge the proposed term of the suspension and potentially eliminate the proposed suspension altogether.
This right, however, is not absolute, meaning that if you fail to set forth sufficient arguments as to why you deserve a suspension hearing, the MVC can deny your request. Challenging the denial of a suspension hearing is a difficult and expensive process, which is handled at the New Jersey Appellate Division. The denial of suspension hearings is rarely successful. It is best to hire an attorney to help you properly and successful request a suspension hearing in the first place.
How To Request a Motor Vehicle Suspension Hearing to Reduce or Avoid the Suspension of Your License
Similar to all other administrative suspensions, the New Jersey Motor Vehicle Commission provides motorists with a notice of the pending license suspension, called the “Scheduled Suspension Notice.” Once you have received this notice, you have the right to challenge the MVC’s suspension by requesting a Proposed Suspension Hearing. You or your attorney will need to inform the state that you intend to challenge the suspension by providing them with your grounds for the request in writing.
If the state grants your request, the Scheduled Suspension will be stayed (or continued) until your hearing before an administrative law judge or MVC representative. Once you are provided a date for the hearing, you must attend it. Your failure to attend the scheduled hearing without reasonable cause can result in serious penalties.
The Important of Hiring an Attorney To Assist You
You may be able to handle some legal affairs, such as fighting a simple speeding ticket on your own. However, other serious legal situations, such as the suspension of your driving privileges, demands the assistance of an experienced attorney to avoid the worse case scenario – in which case it would be to lose your driver’s license.
An experienced attorney will know how to properly word the formalized request to the state to increase the likelihood of getting you a Suspension Hearing. Without getting this hearing, it will be unlikely that you can avoid a suspension of your driving privileges.