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The Process for Appealing Your Motor Vehicle Suspension

Legal Blog

Appealing your motor vehicle suspension in Princeton, NJ is key to maintaining your driving privileges. Without them, completing the simplest of your daily tasks can become difficult. From traveling to work to running errands, your driver license suspension can put a damper on your life. Receiving a Scheduled Suspension Notice starts the process of appealing your motor vehicle suspension. This process entails only a few steps, though you are at the mercy of New Jersey Motor Vehicle Commision (MVC). The legal team at the Law Office of Douglas Herring is here to assist in this matter with the following information. While you may be able to achieve this on your own, appealing your motor vehicle suspension with a Princeton area lawyer may be your best bet. Follow the steps outlined below.

 

Read Your License Suspension Letter

First of all, you must read your Scheduled Suspension Notice provided by the MVC. The license suspension letter will outline the following for you:

  • The reason for the suspension
  • The duration of the suspension

The notice also states the date at which point your driver license will effectively go into suspension. Depending on the severity of the traffic offense, your suspension may last between 14 days and indefinitely. Some of the most common reasons for a suspension include:

  • Accumulating too many points on your license
  • Abandoning your vehicle
  • Driving during a suspension period
  • Operating a vehicle under the influence of drugs or alcohol
  • Speeding
  • Using a cellular phone while driving
  • You are at fault in a fatal accident,
  • And more.

Knowing this information will inform how you take action in the next step. The notice you receive also tells you that you can either accept the suspension or request a hearing.

 

Accepting the Suspension

If appealing your motor vehicle suspension is not something you want to do, you are effectively accepting it. All you have to do now is mail your license to the New Jersey MVC with the designated $100 restoration fee. Refer to the Suspension Notice for the address and make sure you send in your license and payment before the suspension date. Submit the bottom half of the notice along with your license and fee.

Sometimes, individuals facing a suspension do not know whether they have any other option. However, losing the ability to drive can affect your ability to earn a living wage or care for your family adequately. Are you unsure whether you can argue against the suspension? Call the Law Offices of Douglas Herring today at (609) 201-0155 to speak with an attorney who can listen to the details of your case.

 

Request a Hearing to Appeal License Suspension Decisions

If you want to fight against the Motor Vehicle Commission’s decision, you must first request a hearing. Submit an official appeal letter before the date your suspension takes effect. Your license suspension appeal letter must do the following:

  • Make specific arguments to the facts of your suspension, as written in your notice
  • Argue against specific laws you dispute, per the notice

 

Many motorists have trouble with this part of the license suspension appeal because the law is confusing, or it is hard to formulate specific arguments. Sometimes, appealing is not an option because you cannot challenge the circumstances of the suspension. A lawyer who hears your case can determine your best course of action.

Are you having trouble with your appeal letter? Speak with an attorney at our firm who craft a unique appeal letter and strategy to fight against your pending driver license suspension.

 

Attend the License Suspension Appeal Hearing

Go to the NJ MVC regional office in Trenton on the date of your hearing. A hearing agent will:

  • Interview you regarding the circumstances under which your license faces suspension
  • Ask you questions about your counterpoints and arguments
  • Make a decision based on his or her findings during the appeal hearing

The hearing agent may repeal the suspension, reduce it or decide to allow the initial judgment to remain in place. Having legal counsel with you may improve your chances of eliminating or reducing the suspension based on his or her strategy and counter-arguments.

Once the hearing agent makes a decision, you may choose to accept it or challenge it with your attorney in the Superior Court.

 

Seek Legal Counsel from a Princeton Lawyer

Appealing your motor vehicle suspension can be a stressful or confusing task. Are you facing a license suspension due to a DUI or other infraction? Speak to a team member at the Law Office of Douglas Herring, who can start the license suspension appeal process on your behalf.

Are you unsure about your rights to appeal a suspension? Do not assume you have to go without legal access to your vehicle. Your ability to drive to take care of your family is our priority.

An attorney can listen to the circumstances of your case and possibly devise a strategy to reverse or reduce your sentence.

Call the Law Offices of Douglas Herring today at (609) 201-0155 to get a free case consultation and fight to preserve your right to drive.

 

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