Appendix D
Tips on Re-opening a Court Case

If you or someone you are advocating for decide to ask the court to modify or amend its suspension order, you will need to get the court to re-open the case and re-write its earlier suspension order. Specifically, the following steps will be required:

1. Call the clerk and ask for the process for getting a closed matter re-opened. To the extent the clerk's instructions differ from the procedures outlined below, follow the clerk's instructions rather than this guide. Get the name of the municipal court judge, and the name and telephone number of the prosecutor.

2. Call the prosecutor. Explain the situation and your interest in re-opening the case. Prosecutors are people too, so focus on the sympathetic aspects of the story - particularly those that make it important that the driver get the license back now instead of several months from now. Be candid about the nature of the offense, and remember that you're essentially asking the prosecutor to do you a favor. If you think it will help, say that the driver would be willing to attend a state driver improvement program as a condition of his privileges being restored. Ask if you can inform the court that you have the prosecutor's consent in your motion. (If you do not have the prosecutor's consent, you are much less likely to succeed because he will argue against the motion in court.)

3. Call the clerk again and request to be put on the court's calendar on the next available date. Explain that you will be asking the court to amend a previous suspension order, and that you will submit a written request before the date of the hearing.

4. The driver, with the help of an advocate if there is one, should write a letter to the judge. (The letter should be from the driver, not from the advocate, to avoid possible concerns about the advocate's engaging in the unauthorized practice of law. The advocate may submit a letter of reference or support.) Begin by stating the offense, the date of the adjudication, and the amount of time remaining in the discretionary suspension. Say that "at my request," the matter has been put on the court schedule for the judge's consideration on such-and-such a date. Then explain why an earlier end to the suspension is needed; provide all available sympathetic facts, including the driver's life situation and lack of a criminal or traffic-violation history during the suspension period (if this is true). If the prosecutor has consented to a reduction of the suspension period, say so. If the driver would attend a Driver Improvement Program as a condition of driving privileges being restored (and pay the DIP's $100 attendance fee), say that the court may so order. Explain that under the statute, the penalty you are requesting is permissible. Conclude by asking the Judge to re-open the case and amend his sentencing order to end the suspension on a specific earlier date. (A sample letter is attached). Send a "cc" copy of this letter to the Prosecutor.

5. Place a follow-up call a few days after the letter would have been received. Ask the clerk or administrative assistant whether the judge has read the letter. Ask if the judge actually wants the driver to appear, or if he or she would decide the matter based on the letter and issue an amended order without an appearance. Ask to talk to the judge directly, if that seems appropriate. The judge may be willing to issue an order without your having to appear; after all, this saves the court time and saves the driver and advocate the trouble of traveling to and appearing before the judge. If the judge issues an order "on the papers" (that is, based solely on a written submission), request that a copy of the order be sent to you. You will need this order to prove to the DMV that the suspension is ending early, in the event there is a delay or miscommunication between the court and the DMV.

6. If a court date is necessary, an advocate can (and should if possible) accompany the driver to court on the assigned date. Bring a copy of the letter to the judge, and of any other information (e.g., a letter of good standing from a job training program, etc.) that will be helpful in making your case. The advocate should introduce him or herself and the client to the prosecutor before the appearance. When the case is called, the driver (rather than the advocate) should do as much of the talking as possible. The goal is to convince for the court to be more lenient than it already was. (Remember that most judges will already think they have been very generous to the defendant.) Once you're done speaking, the prosecutor will be given a chance to speak his piece. These "oral arguments" will take about five minutes - altogether. Then the judge will decide whether or not to grant the request for a shortened suspension.

If there are any fines associated with the charge which haven't been paid, you should be prepared to pay them that night. The court is particularly unfriendly to individuals who come asking for special treatment but have not paid what they owe. If you can't pay all of the fine, you should at least have a substantial portion of it and agree to an installment plan for the rest.

January 19, 2003 The Honorable [Judge's name] [Name of Muncipality] Municipal Court XXXX Street [Municipality], New Jersey Re: Summons # - 2002; Request to Re-Open and Modify Suspension Order Dear Judge [Last Name]: On July 13, 2002, I pleaded guilty to Driving While Intoxicated on the night of April 30, 2002, when I was arrested for that crime by the [Name of Municipality] Police. Pursuant to my guilty plea, you ordered that my driver's license be suspended for 12 months. You also ordered $480 in fines, fees and costs, which I paid in full under a 6-month installment plan, and a 12-hour IDRC sentence, which I served on August 17, 2002. I write to ask Your Honor to re-open this case and amend your suspension order to end the suspension on or before February 21, 2003. At my request to your clerk, this matter has been scheduled for a hearing at 7:00 p.m. on Monday, January 27, 2003. The prosecutor, Mr. , has authorized me to inform you that he consents to this request. I am currently a student in the Essex County Construction Careers Program; I will graduate on February 21. I have received positive feedback from my instructors and several tentative offers of employment once I get my union card. (A letter of reference from the director of the Program is enclosed.) However, as Your Honor may be aware, I cannot sit for the union exam without a valid driver's license. Waiting until my suspension ends on July 18 of this year will mean delaying the start of my new career and continuing to struggle to make ends meet and support my family, including my two daughters for whom I pay child support. I am currently on public assistance, and will continue to need that assistance until I can get a construction job. I make no excuses for what I did. I drove while intoxicated and risked my own life and the lives of others by doing so. However, I note that this was my first such offense and, with the exception of a 1997 summons for reckless driving, my only traffic violation. Under N.J.S. 39:4-50, the court is obliged to suspend the license of a first-offender for "not less than six months nor more than one year." Your Honor, in your discretion, sentenced me to the maximum suspension term. I now ask Your Honor to revisit and amend that ruling, reducing the suspension to a period that will permit me to restore my driving privileges on or before February 21, 2003. Thank you very much for your consideration. Please contact me or , the director of the construction careers program, if you have any questions. Sincerely, cc: , Municipal Prosecutor