Losing your driver’s license in New Jersey can significantly disrupt your daily life. Whether the suspension stems from a DUI, too many traffic violations, failure to pay surcharges, or other reasons, you do not have to accept it without a fight. New Jersey law provides a legal process for drivers to appeal a license suspension. Understanding how this process works can make a major difference in the outcome of your case.
Here’s a breakdown of how to appeal a license suspension in New Jersey.
Understand Why Your License Was Suspended
Before filing an appeal, you must know the reason for the suspension. Common causes include:
- Driving under the influence (DUI or DWI)
- Accumulating 12 or more points on your driving record
- Failing to appear in court or pay fines
- Failing to pay insurance surcharges
- Driving without insurance
- Medical conditions affecting your ability to drive
- Court-ordered suspensions
You will receive a notice from the New Jersey Motor Vehicle Commission (MVC) outlining the reason and the duration of your suspension. Carefully read this notice, as it contains crucial information, including the effective date of the suspension.
Request a Hearing with the MVC
If your license was suspended by the MVC (rather than directly by a court), you can request an administrative hearing to appeal the suspension.
Steps include:
- Write a formal request for a hearing and send it to: NJ MVC – Driver Management Bureau, P.O. Box 134, Trenton, NJ 08650-0134
- Include your full name, driver’s license number, address, and the reason you are requesting the hearing
- Send the request within 25 days of receiving the suspension notice
The MVC will review your request and determine whether to schedule a hearing. If approved, you’ll receive a hearing date where you can present evidence and arguments before an administrative law judge.
Prepare for Your Hearing
This is your opportunity to explain why your license should not be suspended or why the suspension should be reduced. You can bring:
- Legal representation (highly recommended)
- Evidence, such as driving records, receipts, letters of explanation, or proof of compliance (e.g., completed defensive driving courses)
- Witnesses, if applicable
At the hearing, you will present your case, and the MVC or prosecutor may argue against reinstatement. The judge will then issue a decision, which could uphold, reduce, or overturn the suspension.
Appealing a Court-Ordered Suspension
If your license was suspended as part of a court ruling, such as a DUI conviction, your appeal goes through the New Jersey Superior Court, Appellate Division.
Steps to appeal:
- File a Notice of Appeal within 45 days of the court’s final decision
- Submit the required court transcripts, briefs, and filing fees
- A panel of judges will review your case and issue a decision
Court appeals are complex and require strict adherence to deadlines and procedures, so hiring an attorney is highly advised.
Requesting a Hardship or Restricted License
Unfortunately, New Jersey does not offer restricted or hardship licenses (such as for work or school). This makes the appeal process even more critical, as a full suspension means no legal driving privileges at all.
Conclusion
Appealing a license suspension in New Jersey requires quick action, careful preparation, and a clear understanding of your legal rights. Whether the suspension was issued by the MVC or a court, you do have options. The key is to act promptly and, if possible, seek the assistance of a qualified traffic or DUI attorney to help guide you through the process. A successful appeal could restore your driving privileges and help you get back on the road legally.