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For a FREE consultation with a Parsippany Motor Vehicle Commission Appeals Lawyer, call (973) 299-8660 today or click the link below.
Parsippany Motor Vehicle Commission Lawyer
Motor Vehicle Commission Lawyer in Morris County, New Jersey
If you have received notice from the Motor Vehicle Commission (“the MVC”) that your driver’s license will be suspended, you may have noticed that the MVC affords you the opportunity to have an MVC hearing.
An MVC hearing and the procedures the MVC will afford you prior to the actual hearing are vital to your retaining your license. This is the only juncture at which you will be afforded the opportunity to explain to the proper officials why your license should not be suspended. Retaining counsel with knowledge and experience in MVC matters will give you your best chance at saving your license. Call the Kalish Law Group today to schedule a FREE consultation regarding your MVC matter.
Reasons Your License May Have Been Suspended
This is by no means an exhaustive list, but these are many of the reasons for which the MVC may propose a license suspension:
Having 12 or more points on your driving record
Failure to appear in court or pay fines to the court
Owing state mandated surcharges
Failure to have car insurance
Operating your vehicle with a suspended license
Being found guilty of a DUI/DWI
You were at fault in a fatal accident
Having a physical or mental disability which affects your ability to drive
Abandoning your vehicle on a highway
The MVC Hearing Process
The first step you need concern yourself with is retaining counsel PRIOR to the date of the proposed suspension. Do not wait until the date your license is scheduled to be suspended because at that time it will be too late.
Once you have retained counsel, your attorney should immediately send a letter to the MVC, requesting (1) that the MVC schedule a hearing, and (2) a stay of the proposed suspension of your license. As instructed by the notice you received from the MVC, your attorney will include an itemized accounting and description of any legal and factual arguments that you intend to make at the hearing concerning your rationale for maintaining your driving privileges.
Upon confirming the receipt of your letter, you should be informed of your requested stay being granted. This is very important because it means that you will be allowed to continue driving in the interim. As it typically takes 4-6 weeks for the MVC to schedule your matter, you will have a fairly lengthy period of time in which to continue driving and to make the appropriate arrangements in the event you lose your hearing and subsequently your driving privileges.
The MVC does not in fact immediately schedule a hearing. Instead they schedule what is called a “pre-hearing conference” in which you and your attorney will have the opportunity to discuss your matter in an informal setting with an MVC officer at one of the MVC’s regional service centers. You and your attorney will thoroughly discuss your matter beforehand and decide what information to share and how you will present it to the MVC officer. If the facts are favorable and you are well-prepared, it is possible to reach an acceptable solution without having to undertake the MVC hearing at all.
In all likelihood, though, this conference will simply be a formality at which the officer informs you of your options and you respond by either accepting their judgment or requesting a formal hearing in front of an Administrative Law Judge be scheduled. The officer is not typically empowered to simply dismiss your matter, therefore in most cases it will be necessary to proceed to a formal hearing if you wish to challenge the matter further. Your attorney can explain to you the intricacies of this process and advise you as to how to proceed.
The complexities and rigid legalities of this process require the assistance of an attorney if you hope to best protect your license. A procedural error or lack of understanding of the process can result in your losing your license and it is likely that if you have chosen to contest the matter that you can ill afford such an outcome. By retaining a lawyer, you will better your chances of achieving a favorable outcome. The Kalish Law Group can help you to prepare your case and develop the best strategy possible by which to protect your license. Call today to schedule a free consultation with one of our traffic attorneys.