contesting motor vehicle conviction mvc suspensions (dmv suspensions)

11/15/11 2:59 PMContesting Motor Vehicle Conviction MVC Suspensions (DMV Suspensions)

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Contesting MotorVehicle Conviction MVC

Suspensions (DMVSuspensions)

By Kenneth Vercammen

If a driver in New Jersey receives too many pointsafter traffic violations or commits a moving violationwhile suspended, the Motor Vehicle Commission orMVC [formerly the Division of Motor Vehicles orDMV], will mail the driver a Scheduled SuspensionNotice. The MVC/DMV notice will set forth the datethe suspension is scheduled to start as well as thelength of suspension. In addition, if you received amoving violation ticket while your drivers licensewas suspended, the MVC/DMV usually alsoschedules a suspension. If you receive a ScheduledSuspension Notice, it is important to immediatelyretain an experienced Criminal/Traffic Attorney todiscuss possible ways to reduce the suspension.A written request for hearing must be served on theMVC/DMV. If the written request for hearing is notreceived prior to the scheduled suspension, theMVC/DMV will automatically suspend your driver's

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license for the maximum period permitted.

Hearings are generally held in Trenton, Eatontown,Mahwah, and Deptford. Hiring an attorney to reducelicense suspension often ranges in costs between$1,000.00-$1,500.00. There is no Public Defender orfree attorney in MVC/DMV hearings. KennethVercammen's Law office represents individualscharged with criminal and serious traffic violationsthroughout New Jersey. Our office helps people withtraffic/ municipal court tickets including driverscharged with driving while intoxicated, refusal andon driving while suspended.

After you retain an attorney, they will usually serve awritten Opposition to Suspension AND REQUESTFOR ALJ HEARING. Your attorney will request ahearing on any proposed suspensions or otheradministrative actions.

Demand will be made that the Motor VehicleCommission/Division of Motor Vehicles provideyour attorney with discovery pursuant to the NewJersey Administrative Code, NJAC 1:1-1 et seq. andNJAC 1:13-10. Your attorney¹s letter needs to setforth legal issues and defenses he or she intends onraising at the hearing.DEFENSES

A valid suspension of a driver's license cannot beeffectuated in the absence of a written notice to thelicensee at his or her last known address. This noticemust recite the fact that the suspension will takeplace and provide the date of commencement of thesuspension. State v. Kindler 191 N.J. Super. 358,360(Law Div 1983). Failure to appear for a summons isnot a substitute for the written notice required by thestatute, Id at 361.The MVC/DMV, prior to suspending a license ortaking specific action against a driver, must mail anotice to the driver informing them of the proposedsuspension or any other action. The proposed actionto be taken against any licensee by the MVC/DMVbecomes effective on the date set forth on the notice

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except when otherwise specified. Such is the caseunless the licensee or his/her attorney makes arequest, in writing, for a hearing within 25 days fromthe date of notice. New Jersey Administrative Code(NJAC)13:19-1.2.

Under NJAC 13:19-1.2, the MVC/DMV shouldrequire a prehearing conference with a MVC/DMVemployee, or transmit the matter to the Office ofAdministrative Law for a hearing pursuant to NJAC1:1. An Opportunity Hearing is held in Trenton,Eatontown or another regional center. The hearing isoften 7 months after the request for hearing. If theparties cannot reach a resolution, the matter will besubmitted to the Office of Administrative Law for ahearing. NJAC 13:19-1.8(d).

The motor vehicle statute, NJSA 39:3-40, is quasi-criminal and penal in nature, and must be strictlyconstrued against the State. State vs. Churchdale-Leasing Inc., 115 N.J. 83, 102, 557 A. 2d 277 (1989).The word conviction, as it is used in NJSA 39:3-40,refers only to a plea or a finding of guilt in a courtof competent jurisdiction and not to an order ofsuspension entered by the MVC/DMV as the resultof an administrative proceeding. State vs. Conte, 245NJ Super. 629 (Law Div. 1990).

Generally, an attorney can only reduce thesuspension period, not eliminate suspension entirely.However, it is often important to reduce suspensiontime to save a job or a career. The following detailsthe length of suspensions automatically if no hearingis requested in writing.

N.J.A.C. 13:19-10.2 Point Accumulation; period ofsuspension

(a) The Director shall, except for good cause,suspend a person'slicense to operate a motor vehicle and/or motorizedbicycle in accordance with the following schedule:

POINTS ACCUMULATED PERIOD OFSUSPENSION



12 to 15 points in a period of two years or less; 30days16 to 18 points in a period of two years or less; 60days19 to 21 points in a period of two years or less; 90days22 to 24 points in a period of two years or less; 120days25 to 27 points in a period of two years or less; 150days28 or more points in a period of two years or less;notless than 180 days

15 to 18 points in a period greater than two years; 30days19 to 22 points in a period greater than two years; 60days23 to 26 points in a period greater than two years; 90days27 to 30 points in a period greater than two years;120 days31 to 35 points in a period greater than two years;150 days36 or more points in a period greater than two years;noless than 180 days12 to 14 points in a period greater than two years; 30days

Protect your Rights.Before you accept a drivers license suspension,consult with an attorney who is experienced inhandling MVC/DMV matters.

About the Author

Kenneth A. Vercammen is a trial attorney in Edison,Middlesex County, New Jersey. He often lectures forthe New Jersey State Bar Association, New JerseyInstitute for Continuing Legal Education andMiddlesex County College on personal injury,criminal / municipal court law, and drunk driving.He has published 125 articles in national and NewJersey publications on municipal court and litigationtopics. He has served as a Special Acting Prosecutorin seven different cities and towns in New Jersey



and also successfully defended hundreds ofindividuals facing Municipal Court and CriminalCourt charges.

In his private practice, he has devoted a substantialportion of his professional time to the preparationand trial of litigated matters. He has appeared inCourts throughout New Jersey several times eachweek on many personal injury matters, MunicipalCourt trials, matrimonial hearings, and contestedadministrative law hearings.

Since 1985, his primary concentration has been onlitigation matters. Mr. Vercammen gained other legalexperiences as the Confidential Law Clerk to theCourt of Appeals of Maryland (Supreme Court),with the Delaware County, PA District AttorneyOffice handling Probable Cause Hearings, MiddlesexCounty Probation Dept. as a Probation Officer, andan Executive Assistant to Scranton DistrictMagistrate, Thomas Hart, in Scranton, PA.KENNETH VERCAMMEN & ASSOCIATES, PCATTORNEY AT LAW2053 Woodbridge Ave.Edison, NJ 08817(Phone) 732-572-0500(Fax) 732-572-0030

Minimum Mandatory Fines, Points, Jailand Penalties Relating to Selected Motor

Vehicle Offenses

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Please call the office to schedule a confidential "in Office" consultation.Attorneys are not permitted to provide legal advice by email.

Kenneth Vercammen's Law office represents individuals charged withcriminal, drug offenses, and serious traffic violations throughout New Jersey.Our office helps people with traffic/ municipal court tickets including driverscharged with Driving While Intoxicated, Refusal and Driving WhileSuspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney ofthe Year and past president of the Middlesex County Municipal Prosecutor'sAssociation.

Criminal and Motor vehicle violations can cost you. You will have to payfines in court or receive points on your drivers license. An accumulation of toomany points, or certain moving violations may require you to pay expensivesurcharges to the N.J. DMV [Division of Motor Vehicles] or have your licensesuspended. Don't give up! The Law Office of Kenneth Vercammen canprovide experienced attorney representation for criminal motor vehicleviolations.

When your job or driver's license is in jeopardy or you are facingthousands of dollars in fines, DMV surcharges and car insurance increases,you need excellent legal representation. The least expensive attorney is notalways the answer. Schedule an appointment if you need experienced legalrepresentation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained torepresent people. Our website also provides details on jail terms for trafficviolations and car insurance eligibility points. Car insurance companiesincrease rates or drop customers based on moving violations.

Contact the Law Office of Kenneth Vercammen & Associates,

P.C. at 732-572-0500

for an appointment.The Law Office cannot provide legal advice or answer legal questions over the phone

or by email. Please call the Law office and schedule a confidential "in office"consultation. The Law Office now accepts payment by American Express, Visa and

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Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised orguaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on informationat this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies withthe New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entityunless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader,inclusion of a link should not be construed as an endorsement.

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