When you get too many points or too many violations within a short time period, the New Jersey Motor Vehicle Commission (MVC) can suspend your driving privileges. You will learn of the proposed suspension by receiving a written notice of your 'scheduled suspension'. The notice will tell you three important things. The date the suspension is scheduled to start, the length of the suspension, and the process to appeal the suspension. If you want to fight the suspension, the most important of these is the date the suspension is to begin.
When you are facing this type of license suspension, retaining an experienced defense lawyer like those at Bailey & Orozco can substantially reduce the length of your license suspension. An appeal of this license suspension is not automatically granted just because you want one. As soon as you get the notice, schedule an appointment with a lawyer who has frequently handled these types of hearings before. The only way to have a lawyer represent you at this hearing is to hire a lawyer, as there is no public defender available for this type of hearing.
As a defense lawyer like Howard Bailey knows, the request to have a hearing must raise certain types of issues, or the MVC may not grant the hearing. This can result in your license being suspended on the date in your notice, for the period of time in your notice. In addition, while few things in life are certain, if you do not request a hearing before the date listed in your notice, your drivers license will be suspended for the full duration of the 'scheduled suspension'. Once your license has been suspended, it is too late to appeal the suspension.
Once your appeal has been granted, your case will be scheduled for a pre-hearing conference at the MVC offices. At the pre-hearing conference, the defense lawyers of Bailey & Orozco will argue for a reduction in the length of the 'scheduled suspension'. Under most circumstances, when properly presented at the pre-hearing conference, an experienced traffic defense lawyer can often get an agreement to substantially reduce the period of license suspension. While an experienced defense lawyer can get you a reduction of the suspension period, you should still expect a short period of license suspension.
If you have not already attended a driver improvement course, you should discuss this type of course with your defense lawyer to see if you will get any benefit from taking the course before your pre-hearing conference. If you accept the negotiated settlement at the MVC office conference, your license will be suspended for the shorter period suspension period. If you do not accept the negotiated settlement, the matter will be scheduled for a hearing before an administrative law judge.
Once your license has been suspended, DO NOT DRIVE until the restoration fee has been paid to the MVC; and, you have been re-issued a drivers license. Under the New Jersey Statutes, driving is a privilege, not a right. Protecting and defending your license is important to make certain your family and your job are not affected for a longer period of suspension than necessary. If you have questions about how an experienced traffic defense lawyer can help you, call the defense lawyers at Bailey & Orozco for an appointment.