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How to Respond to a Notice of Proposed Suspension from the MVC

May 27, 2016

If you have received a Notice of Proposed Suspension from the New Jersey Motor Vehicle Commission (“MVC”) it is imperative that you act immediately in order to prevent your driver’s license from being suspended.  All Notices of Proposed Suspension will contain the following information: (1) a notice that the MVC intend to suspend you driving privileges; (2) the reason for the proposed suspension; and (3) the effective date of the proposed suspension.

1. Determine the Reason for the Suspension.

The first step is to read the Notice of Proposed Suspension to find out the reason why the MVC is suspending your driving privileges.  There are a variety of reasons why a New Jersey’s driver’s license may be suspended.  For example, the suspension could be due to the fact that you have excessive points, because you were driving during a period of suspension, if you made a false statement on an application for a driver’s license or registration, or if you were convicted of a drug or alcohol related offense in another state, among other reasons.

You should first read the Notice of Proposed Suspension to find out why the MVC is planning on suspending your driving privileges.  On the back of the Notice of Proposed Suspension, you will find a copy of your driver’s abstract.  This abstract will explain exactly why the MVC is suspending your driving privileges.  If you are having a difficult time understanding why the MVC is suspending your license or reading the abstract, you can contact the attorneys are the Law Office of Randolph H. Wolf at (732) 741-4448 for assistance.

2. Retain an Attorney to Contest the Suspension.

The next step is to retain an attorney to write a letter requesting a hearing on your behalf.  If the loss of your driving privileges would cause hardship to you, then we highly suggest that you retain an attorney who is experienced in contesting MVC suspensions in order to represent you.  This is because there are several key requirements that must be included in your letter requesting a hearing. For example, as explained on the Notice of Proposed Suspension itself, your letter requesting a hearing must set forth “all disputed material facts and legal issues” that you intend to raise at the hearing.  Otherwise, your request for a hearing will automatically be denied by the MVC.  All too often, we have seen the MVC deny requests for a hearing on the basis that a letter did not adequately set forth this information.  Your attorney will send a letter via Certified Mail to the MVC on your behalf requesting a hearing and setting forth all disputed material facts and legal issues and other vital information.

You should note that it is important that you retain an attorney to request a hearing in writing as soon as possible after you have received the Notice of Proposed Suspension. This is because if you attorney is able to send a letter on your behalf within sufficient time for the MVC to both receive and process the request prior to the effective date of the proposed suspension, then your attorney can request that the suspension be stayed – or postponed – pending the request for the hearing.  What this means is that the proposed suspension will not go into effect on the stated effective date, and that you will be free to drive in the meantime.  If, however, the hearing request letter is not received and processed by the MVC prior to the effective date of the suspension, then the suspension will go into effect and your driver’s license will be suspended while the request for a hearing is processed.

3. Attend the Hearing.

The MVC will thereafter respond to your request for a hearing.  Often times, the MVC will write back and either advise you that your driving privileges are now restore or will reduce your suspension time substantially, without ever having to attend a hearing.

Alternatively, the MVC will respond by setting forth a pre-hearing conference date.  The pre-hearing will take place in one of the MVC’s Regional Service Centers.  At the hearing, you and your attorney will meet with a representative of the MVC.  After your attorney has been given the opportunity to explain you case, the representative will then make an offer, which could include either no suspension time or a substantial reduction in the proposed suspension time.  Most clients are satisfied with any offers that  are made at the pre-hearing conference and therefore accept them.  If, however, you are not satisfied, you are free to reject the offer and request a full hearing before an Administrative Law Judge.

If you request a full hearing, the matter will be scheduled for another time.  At that hearing, you and your attorney will have another chance to negotiate with another DMV representative prior to the actual hearing.

The attorneys at the Law Office of Randolph H. Wolf have over 35 years of experience representing clients with the New Jersey MVC.  Moreover, we are able to resolve a great deal of these cases in our client’s favor without ever having to attend a hearing.  Of those cases that do require a hearing, we are able to resolve the vast majority of them without having to attend a formal hearing before an Administrative Law Judge.  If you received a Notice of Proposed Suspension in the mail, contact the attorneys at the Law Office of Randolph H. Wolf today to aggressively fight your proposed suspension at 732.741.4448.

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By way of disclaimer, I must advise you that the purpose of this blog is not to provide legal advise and I am not doing so. I do not generally police this blog and I have no way of knowing whether the information that anyone else posts is accurate. Also keep in mind that laws and regulations change frequently and anything you read may be out of date.

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