 |
 Getting Back on the Road:
Prepared by Nancy L. Fishman, Esq., New Jersey Institute for Social Justice |
This publication was supported by a subcontract from Rutgers University, Urban Legal Clinic, under Memorandum of Understanding from the State of New Jersey Department of Labor. Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the authors and do not necessarily reflect the views of Rutgers University or those of the State of New Jersey, Department of Labor.
As a consequence, driver's license suspension has become a major barrier to employment in New Jersey for urban residents and others seeking work in the state. There are over 350 grounds for suspension in New Jersey - many of which have nothing to do with unsafe driving. An individual's license can be suspended for multiple reasons at the same time. Some suspensions are imposed by the courts, and some by the New Jersey Motor Vehicle Commission. The procedures to address each of these kinds of suspension vary greatly, and navigating more than one at a time can be confusing and logistically challenging. In addition, a recent review of New Jersey license suspensions during one year found that over half of all suspensions were imposed for financial reasons: failures to pay fines, surcharges and other penalties. Restoring a license that has been suspended can thus be costly as well.
Public and private agencies and advocates around the state who are providing job training and job search assistance have also found their work frustrated by the prevalence of license suspension among the individuals they are trying to help.
The purpose of this manual is to help individuals with suspended licenses and their advocates - anyone who, formally or informally, is providing help and guidance - understand the complex web of laws and regulations affecting driver's license suspension in New Jersey and to provide a roadmap of how to go about getting a license restored. In so doing, it is our hope that this manual can help more New Jersey residents reach employment and greater economic stability.
The sections that follow take you through the three steps one must take to address a license suspension problem. First, in Step One, you must find out the cause or causes of suspension. This requires obtaining and interpreting a driver's abstract. Next, in Step Two, you'll need to identify what must be done to address each type of suspension. This manual provides a description of 8 categories of suspension and answers for each the following questions:
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Who Suspends? Mandatory or Discretionary? How long does the suspension last? Where do I go to get information about the suspension? What is the procedure for lifting the suspension? Other things I need to know? |
These descriptions are designed to give you the basic direction you'll need to contact the appropriate authorities and take steps to get the suspension lifted. If there is more than one reason for the suspension, you will have to address each one before proceeding to step three. We have included in the margins some additional helpful tips, and also indicated the specific New Jersey laws and regulations pertaining to the suspension discussed in the text.
Finally, in Step Three, you must get the license restored, by paying the restoration fee. The manual's appendices provide you with other helpful information; you'll see references to specific pages there highlighted in the margins.
While we have sought to be as complete and as accurate as possible in presenting this material, users of this manual should be aware that laws and regulations change, as do the policies and practices of agencies and courts. It is important to call and ask questions and confirm what you must do with the appropriate court or agency. We have provided phone numbers and web sites to help you with this process. In particular, you should become familiar with the website for the Motor Vehicle Commission (formerly the Division of Motor Vehicle Services or "DMV"), www.state.nj.us/mvc, which contains useful information, phone numbers, forms, and provides some online services.
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TIP FOR ADVOCATES: At times in this manual, we will refer to the person you're trying to help as "your client." This term is used merely as a convenience for the reader. If you are not an attorney of the State of New Jersey, you cannot provide legal advice or "represent" someone other than yourself in court. Doing so would constitute the unauthorized practice of law and could subject you to civil and criminal penalties. That said, municipal courts and the DMV are generally friendly to the idea of people "assisting" or "speaking for" those who need help getting their licenses back. Don't be shy about doing so, but always be up front about the fact that you are not an attorney. By advocate, we include those who don't have any formal advocacy relationship with a "client." You could be, for example, a friend or relative, pastor or imam, job counselor or parole officer. |
Step One: Finding Out the Cause of SuspensionA. Getting an AbstractAs the next section describes, there are a variety of reasons why a New Jersey driver's license may be suspended. Very often a single driver will have multiple suspensions -- for example, suspension orders from two different municipal courts for unpaid traffic tickets, a suspension for excessive points and a Family Court-ordered suspension for failure to pay child support, or suspensions for two separate violations arising out of a single traffic stop (such as driving while suspended and failure to carry insurance). Every one of a driver's suspensions must be resolved and cleared from the record before he or she is entitled to seek restoration of a driver's license. A driver's abstract lists every suspension and violation on a New Jersey driver's record. An abstract is a document maintained by the DMV to track and record violations and other orders relating to a driver's conduct and driving privileges. A full abstract will include every suspension and is the best place to start in figuring out what suspensions exist. |
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CLICK HERE FOR A SAMPLE ABSTRACT |
There are four ways to find out the contents of a driver's abstract.1) Call the DMV: The most efficient way to learn what suspensions a driver has is to contact the DMV's license suspension office at (609) 292-7500. When calling, expect up to half an hour of wait time before you reach an operator, but once you get someone on the line, that operator can call up the entire abstract and tell you what is in it. They can identify each suspension and the court or administrative agency that ordered it; with this information, you can contact the courts or agencies directly for the details. The office may also be able to provide you with the phone numbers to call. |
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CLICK HERE FOR SOME USEFUL PHONE NUMBERS |
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2) Go to a DMV office and request an official, certified paper abstract: This request for an official printout can be processed on the spot (once you get to the front of the line). You will have to pay a $10.00 fee, which can be paid in cash, or by check or money order.
3) Fill out and mail in an abstract request form: An official paper abstract can also be requested by mail. You will have to enclose a check or money order for $10.00 (no cash). You should get your abstract in the mail about 2 to 4 weeks later. |
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CLICK HERE FOR A COPY OF THIS FORM |
| 4) Go to an auto insurance company for an unofficial abstract: Most insurance companies offering auto insurance can print out an unofficial abstract at their office. They may charge a fee for this service. When requesting an abstract from an insurance company, make sure that the company provides a full abstract and not just a "five-year abstract". Insurance companies often access only a potential insured driver's last five years' driving record. Because many individuals with suspended licenses will have suspensions dating back more than five years, this is inadequate for your purposes. | ||
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TIP FOR ADVOCATES: If your client has authorized you to be his or her advocate, the DMV license suspension office should be willing to disclose the client's driving record information. To identify yourself as an authorized advocate for a client when calling the DMV, you will need to know your client's full name and date of birth. A driver's license number is also very helpful, but not necessary. If possible, ask clients what home address they lived at when they first got a license, and if there are any other names that they may have used. It is important to make sure that you are accessing the correct individual's driving record, which can be more difficult over the phone. |
B. Reading the AbstractLook at the sample abstract. The information at the top of the page -- name, address, driver's license number, class, and "endorsements and restrictions" identifies the driver. The chart that follows includes every incident tracked by the DMV with respect to this driver. These may include traffic stops and summonses, court orders regarding the payment of fines and the failure to pay fines, and DMV administrative actions such as the automatic suspension of a driver's license upon notice that auto insurance has been canceled. |
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CLICK HERE FOR A SAMPLE ABSTRACT |
| Each entry has two dates. In the left column the "Event Date" is the actual date of the incident; the "Posting Date" in the right column is the date when this information was entered into the DMV's computers. Be aware that very recent violations -- within a month or so before you requested the abstract -- may not be included. (If a recent incident does not appear on a driver's abstract, it will also not appear on the computer screen of the license suspension office operator if you call.) Events are listed in reverse chronological order: the most recent events are on the top. Thus, on the sample abstract on the next page, the driver had her license and registration suspended because of an insurance cancellation on March 5, 2001, she paid the restoration fee on March 8, 2001, and then her license was suspended again because of another cancellation on April 4, 2001. | ||
| The second, third and fourth columns on the left side -- "Event Responsibility," "Event Type," "Event Identifier" -- contain letter and numerical codes the DMV uses to identify the source and nature of the violation, suspension, etc. A chart of the most common codes and what they mean, as translated by the DMV, is included in Appendix B. The "Event Responsibility" column indicates what division of the DMV or what court imposed the suspension. For example, on the sample abstract, "UMS" refers to the "Uninsured Motorist System" and "G21" refers to Newark City municipal court. "Event Type" is the kind of action that was taken; for example, on the sample, "O" refers to a suspension order and "F" refers to a fee payment. The "Event Description" field contains a short summary of the incident or infraction. Where the item is a traffic violation causing the driver to accrue points on his record, the number of points involved is shown in the "PTS" Column (there are none in the sample). At the bottom of the last page of the abstract, the Event Description column will list the suspensions, current and past, to which the driver is subject. (The latter appear under the heading of "History of Suspensions.") |
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CLICK HERE FOR THE DIVISION AND COURT CODES USED BY THE DMV |
Step Two: Types of Suspension and How to Address ThemThe BasicsHow long does the suspension last?There are, in general, two kinds of driver's license suspensions: suspensions which last for a particular period of time and those which last until you have paid a fine or complied with some other requirement. For example, in addition to imposing fines, municipal courts may suspend a driver's license for six months to a year for driving while suspended. You must wait that period of time before seeking reinstatement. If you have more than one suspension of this kind, they will run one after the other. The second kind of suspension is most often imposed for failure to pay a fine or fee, such as a parking ticket or an insurance surcharge. The driver will have to pay all or part of that amount to regain driving privileges, and the suspension will last however many days, months, or years it takes for the fine to be paid in full. |
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REMEMBER! Regardless of how long suspension lasts or what it was for, you must pay the license restoration fee before you can drive legally. |
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Who Suspends? As discussed earlier, all suspensions do not come from the same place. It is very important to know which of the various courts or agencies is responsible for the suspension you are trying to address, because that will determine where you go and what you must do to lift the suspension. Some are imposed by municipal courts, which are the courts of the cities, townships and boroughs of New Jersey. In order to address those suspensions, you will need to contact the specific municipal court that ordered the suspension. In other cases, such as violations of New Jersey's drug laws, suspensions may be imposed by the Superior Court of New Jersey. (The Superior Court is the State-level trial court. There is one courthouse in every county in New Jersey.) Family Division judges impose suspensions for failure to pay child support. These are all judicial suspensions, which means they were imposed by the courts. In addition, some suspensions are imposed directly by the Division of Motor Vehicle Services for violation of certain regulations, such as failure to carry insurance on a registered motor vehicle or accumulating too many points. These are administrative suspensions. |
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A TIP ON READING THE ABSTRACT: If the "Event Responsibility Code" is three letters, such as "CIS", this usually means an action taken by or with the DMV. If it has a letter with a number, such as "B13", this indicates a judicial suspension and tells you where you'll need to go to address it. See Appendix B for the codes. |
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Mandatory or discretionary? Suspensions can either be mandatory, which means that the law requires that a suspension be imposed, or discretionary, meaning that a judge or the DMV can suspend a license, but the law does not require them to do so. If a suspension is discretionary, then a driver may have the ability to avoid suspension, or present good reasons to lift a suspension. If it's mandatory, even if a judge wanted to reduce the suspension period, the law forbids it. Below we have indicated which categories of suspensions are mandatory and which are discretionary, but if you are not sure about a particular suspension, the best guide is the statute itself. Words like "shall," "must," and "not less than" indicate mandatory suspensions. Words like "may," "not more than," and "discretion" indicate that suspension is discretionary. The following text describe 8 categories of suspension, with the details on how to address each one. We have indicated the statutes that correspond to the suspensions in the margins. |
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HOW DO I FIND OUT WHAT A N.J. STATUTE SAYS? The statute number will usually be written on the summons and on any court papers dealing with the offense; the DMV's Suspension Office may also be able to provide the statute number. CLICK HERE to search the New Jersey Statutes on the Internet. The DMV website has all of Title 39, Motor Vehicle and Traffic laws. |
A. Violation of Motor Vehicle and Traffic Laws: Driving-Related SuspensionsDescription:New Jersey and motor vehicle and traffic laws contain a range of provisions that permit or require driver's license suspension for driving-related violations. The categories are:
General Traffic Violations:
Points:
Driving While Intoxicated (DWI):
Driving While Suspended or Without a License: |
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Motor Vehicle and Traffic Regulation laws are found in Title 39 of the New Jersey Statutes ("N.J.S.A.").
N.J.S.A. § 39:5-30
N.J.S.A. § 39:5-30 N.J.S.A. § 39:5-30.8
Points & length of suspension per violation are in the N.J. Admin. Code See N.J.A.C. § 13:19,
N.J.S.A. § 39:4-50 N.J.S.A. § 39:3-40 |
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Who Suspends?
For general traffic violations, habitual offenders, excessive points, and driving while suspended, suspensions are imposed by the DMV, though courts can impose suspensions for traffic violations as well. Suspensions for DWI are imposed by the court as part of the penalty for conviction. |
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Mandatory or Discretionary?
Suspension for general motor vehicle and traffic law violations are discretionary. Suspension for being a "habitual offender" is also discretionary, and the DMV is directed to consider the number and seriousness of the driver's offenses and the extent to which they show disregard for the safety and welfare of others. While suspension for excessive points is automatic, the length of the suspension is discretionary, from 30 to 180 days (or potentially longer), and both the number of points and the length of the suspension can be reduced if the driver takes a driver improvement course. Similarly, suspension for driving while suspended is mandatory, but there is some flexibility in the length of the suspension. Suspensions for DWI are mandatory, but the court has discretion as to the length of suspension (between six months and a year) for a first offense. Also, after a second or subsequent DWI offense, even after the elapsed suspension period has elapsed, restoration is discretionary on the part of the DMV, and will depend on a favorable recommendation from the Intoxicated Driver Unit of the Department of Health and Senior Services. How long does the suspension last? Suspensions for traffic violations have no set time limit, but must be "reasonable." Suspensions for excessive points can range from 30 to 180 days. Suspensions for DWI last as follows: 6 months to one year for the first offense, 2 years for the second, 10 years for the third and subsequent offenses. The mandatory suspensions are doubled when the offense takes place within 1,000 feet of a school. For driving under suspension, the length will vary depending on the underlying suspension. Generally, the prior suspension will be extended for 6 months. If the prior suspension was for driving without insurance (see below) or DWI, it will be extended by one to two years. When the violation takes place in a school zone, the extension will also be one to two years, but because this violation also carries a jail term, the suspension will run from the date of release from jail. |
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CLICK HERE to see Appendix F, which shows locations of driver improvement courses. Courses are offered in the evenings, year round. Permission to attend depends mainly on the driver's record. |
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Where do I go to get information about the suspension?
For suspensions imposed by the DMV, call the DMV license suspension office. If the suspension was imposed by a court, call the municipal court administrator for that municipality; the DMV will also be able to provide you with basic information about the case, including the length of suspension. |
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CLICK HERE to see Appendix A, for phone numbers. |
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What is the procedure for lifting the suspension?
The suspensions described in this section last for a particular period of time, so the main option is simply to wait until the time has expired and then seek reinstatement. If the suspension is mandatory, that is the only option. If the court or the DMV has some discretion in the length of the suspension, and the mandatory minimum time has passed, you can seek a hearing to reopen the case and reduce the time, although depending on the length of the suspension, this may not be worthwhile, as the process is time consuming. The procedure to re-open a case to get a court to modify or amend a suspension order is described in Appendix D. To request a hearing at the DMV, call the DMV suspension office. |
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Remember: there will also be fines associated with these violations, which will have to be paid prior to reinstatement. See Section F, on suspension for failure to pay penalties. |
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With regard to DWI, reinstatement of driving privileges is discretionary, and the driver will have to apply to the DMV (see above). The driver may be required to show completion of drug and alcohol and highway safety programs (which may have been ordered as part of the sentence). Further suspensions may be ordered as punishment for driving while on DWI suspension, or for failing to install or use an interlock (breathalyzer) device when ordered to do so.
Other things I need to know? Before being suspended as a "habitual offender" or for excessive points, the DMV will send a notice to the driver which specifies that he or she is entitled to a hearing before the suspension is imposed, and a hearing date may even be set. If you or your client receives such a notice, it is advisable to talk to a lawyer or get representation for this hearing. If a driver is facing an extended, court-ordered suspension, he or she should also seek legal representation; if you are in municipal court and face a suspension of 6 months or greater, or jail time, you are entitled to representation by a public defender. |
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Drivers who have been convicted of DWI offenses will have to comply with the requirements of the Intoxicated Driver Program and the local Intoxicated Driver Resource Center, where specific programs are held. |
B. Failure to Carry InsuranceDescription:New Jersey vehicle owners are obliged by law to carry a minimum level of liability insurance to cover the costs of a possible accident. Failing to maintain adequate insurance can lead to two kinds of mandatory suspension; a judicial (court-ordered) suspension for the violation if the driver receives a summons (ticket) and is convicted of failure to carry insurance, or an administrative suspension, when an insurance company notifies the DMV that a driver has been dropped from coverage. |
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N.J.S.A. § 39:6B-1, and following sections N.J.S.A. § 17:33B-41 |
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Who suspends?
Judicial suspension for violating the statute requiring insurance coverage will occur when the driver is pulled over and cited for failure to carry insurance because he or she cannot show the police an insurance identification card. (See "Other things I need to know.") This type of suspension is ordered by the municipal court when the driver is convicted. The administrative suspension is done by the DMV. Insurance companies are required to report to the DMV when a driver has stopped paying premiums and allowed insurance coverage to lapse. When it receives this information, the DMV will automatically suspend the registration of the vehicle and notify the driver. If a driver fails to either (a) surrender the license plates and registration to the DMV within 90 days of the notice, or (b) get new insurance and have the vehicle registration restored by bringing proof of insurance to the DMV, then the DMV will suspend the driver's license automatically. When the DMV puts this type of suspension into effect, it sends a notice to the driver that typically gives about a week's notice (but is not required to do so) prior to the date the suspension will go into effect. Mandatory or discretionary? Both types of suspensions for failure to carry insurance are mandatory. Judicial suspensions for a violation are mandatory for a set term of one to two years. Administrative suspensions are mandatory until the driver addresses the suspension of his registration, by showing proof of new insurance coverage or surrendering the plates. How long does the suspension last? A judicial suspension for driving an uninsured vehicle lasts one year for a first offender. Mandatory suspension for the second offense is two years, and the DMV can refuse to reinstate the driver if it thinks there is a "likelihood" that the individual will again operate a vehicle without insurance. The administrative DMV suspension lasts until the driver surrenders the license plates or gets the vehicle's registration reinstated by showing proof of new auto insurance. Where do I go to get information about the suspension? If you cannot tell from the driver's abstract - or from notices received in the mail from DMV or a court - whether this is a DMV or judicial suspension, call the DMV license suspension hotline and ask an operator if she can answer that question. If it is a court-ordered suspension, call the particular court for information on when the charge was decided and how long the suspension will last. If administrative, call or go to the DMV. What is the procedure for lifting the suspension? A court-ordered suspension carries a mandatory term, so the only procedure is to wait until the term expires and then apply for license restoration using the process in Step Three. An administrative suspension lasts until the driver either (a) surrenders the license plates and registration card for the vehicle whose insurance has lapsed, or (b) gets insurance for that vehicle, presents the proof of insurance to the DMV, and gets the registration restored. Registration restoration involves a $100 fee which is in addition to the $100 fee for license restoration. After completing either of these steps, the driver can apply for license restoration as described in Step Three. Other things I need to know? **You don't have to be the vehicle's owner to get a court-ordered suspension for failure to carry insurance. If you are driving someone else's vehicle that you know or ought to know is not adequately insured - for example, a spouse's vehicle - you can be subject to a suspension under the law. **Failure to "carry" insurance is different from failure to carry your insurance card. If your case involves an open charge for failure to carry insurance but you did in fact have insurance on the day you were pulled over - you just didn't have your insurance card with you - then you need to show the prosecutor and the court proof that you did (i.e., show them your insurance card or policy with a start date prior to the date of the violation). The prosecutor should then agree to plead your violation down to failure to carry or display an insurance card; the maximum penalty for this violation of this law is $100 plus court costs, and the court may even dismiss the charge altogether. |
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C. Failure to Pay Insurance SurchargesDescription:Despite the name, insurance surcharges are not charges added to a driver's insurance (the name comes from how the state spends the money drivers pay). Insurance surcharges are fines imposed on a driver by the DMV for earning 6 or more points in a three-year period or for particular violations, in addition to the penalties that may have been imposed by a court because of the violations. The fines, which are imposed annually for 3 years, are:
Failure to make even one of the insurance surcharge payments will lead to suspension. A warning notice is sent to the driver's last known address, and the driver has thirty days from the date of notification to pay before a suspension is imposed. At that time, the entire remaining surcharge amount becomes due. For example, if a driver with surcharges for driving under suspension fails to pay the first $250 installment, the license will be suspended and the entire $750 will become due immediately. Failure to pay also means the DMV can (and, in most cases, will) seek a "certificate of debt" from the Superior Court for the full amount, plus court costs of 20% of the sum owed. Interest on that total sum - the "judgment amount" - then begins to accrue. Who Suspends? Suspensions are imposed by the DMV. Mandatory or Discretionary? Mandatory, except that the DMV may permit payment on an installment basis, over a 12-month period (this period is being extended to 24 months). As long as the driver is making the installment payments, the license will not be suspended. DMV can also restore driving privileges after a suspension has occurred, based on an agreement to pay outstanding debt on an installment basis, or upon partial payment according to the installment plan. The DMV has interpreted the law to require these installment agreements to be limited to 12 months at most, and will offer only 6 months at first if the amount is under $1000. However, if there is a judgment for a large amount of money, the DMV can offer a longer payout period, but you will have to ask; they will not offer this if you do not. Failure to make an installment payment will lead to another suspension. How long does the suspension last? In theory, the suspension lasts until the surcharges are paid, but the DMV will usually agree to permit an installment agreement (see above). With an installment plan, driving privileges can be restored once some portion of the debt has been paid. Officially, the regulations permit restoration after 20 percent has been paid. In practice the DMV often restores after 10 percent or less is paid. Where do I go to get information about the suspension? The DMV is the authority here. You can call the special phone number for insurance surcharges and suspensions, which is (609) 292-7500. However, the responsibility for collecting unpaid insurance surcharges that have been sent to the court for a judgment will eventually be transferred to a collection agency. If a driver has received communication from a collection agency or a law firm representing the agency, contact that agency or firm directly. It should also be able to provide information and will negotiate any payment agreement. What is the procedure for lifting the suspension? As explained above, the driver with insurance surcharges is going to have to pay what is owed, either in one sum or through an installment agreement worked out with the DMV or the collection agency. Payment to the DMV of the total amount owed, once you have called to find out what that is, can be done in person, by mail, or with a credit card over the Internet. If payment is through a collection agency, they should be able to tell you where to send the money. If a driver has requested an installment agreement, which can be done by phone or by mail, he or she should receive in the mail a notice detailing the terms of that agreement. It is thus very important to be sure that DMV (or collection agency, if any) has the driver's correct address, especially if prior notices were not received. Other things I need to know? **WARNING! A person suspended for failure to pay insurance surcharges who is caught driving while under suspension is subject to an additional fine of $3000. **WARNING! Be sure to negotiate a payment plan that is within the driver's means. Falling behind on a payment plan can result in new fees, additional interest and even re-suspension of the driver's license. It's better to push for a more generous plan than to run the risk of higher costs and new suspensions down the road. **REMEMBER: Once all of the insurance surcharges, or the percentage of the charges necessary to lift the suspension, have been paid, the driver will still need to pay the reinstatement fee in order to be able to drive legally.
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N.J.S.A. § 17:29A-35 See also, N.J.A.C. § 13:19 subchapters 12 & 13 |
D. Failure to Pay Child SupportDescription:The courts and Probation Division - the state entity that oversees compliance with child support orders - can suspend a driver's license in the event that the driver (a) falls six months' or more behind in child support payments, (b) fails to provide health insurance coverage for the child for six months if such coverage has been ordered by the court, or (c) refuses to submit himself for a paternity test or otherwise comply with court requirements. However, if the suspension will result in significant hardship to the driver, to legal dependents under 18 living in the driver's household, employees, or those to whom the driver is providing goods and services, the court can set up a 12-month payment arrangement, after 25 percent of the arrears have been paid up-front (see below). The driver can then avoid suspension. Who suspends? The suspension takes place by court order, except that suspension is automatic if the court issues a warrant for the driver's arrest due to failure to pay child support as ordered. Mandatory or discretionary? Suspension under this law is mandatory, but a court may only order the suspension if it is satisfied that the notice that was sent to the driver was adequate, i.e., that it was delivered to the driver's last-known home or business address, and there is no reason, such as involuntary unemployment or disability, for non-compliance, and that Probation has exhausted all other means of collection. The DMV will then put the suspension into effect by mailing a notice to the driver that the suspension will begin 20 days after the notice is mailed. The court will not suspend if the driver has entered into a payment plan to pay arrears (see below) and is in compliance, or if there is a pending motion to modify the support order. How long does the suspension last? The suspension lasts until the child support arrears are paid in full, health insurance coverage is provided as ordered, or the driver complies with the subpoena for paternity information. However, with respect to arrears, the court in its discretion may lift (or not impose in the first place) the suspension if the driver (a) pays 25% of the existing arrears at or within 3 days after the hearing (see below), (b) agrees to a plan for payment of the remaining 75% within one year of the hearing, and (c) the driver continues to comply with all child support obligations. In other words, during the year following the hearing the driver will have to both keep up with his current monthly payments and pay a portion of his arrears each month under the payment plan. The driver can apply for an extension, for good cause, but if he simply does not pay, suspension will be automatic. |
N.J.S.A. § 2A:17-56 and following sections |
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Where do I go to get information about the suspension?
For any suspension ordered by the Family Division, contact the court directly. If the automatic suspension has occurred because the court has issued a warrant for the driver's arrest, you still need to contact the court; the court may have conditions that must be met before it will recall (withdraw) the warrant. You can also contact the Probation Division for the county where the order was issued. What is the procedure for lifting the suspension? If the driver has received a notice of pending suspension from the Probation Division but the date set for the suspension to begin is still in the future, you can write to the Probation Division and request a hearing. This must happen within 30 days of the postmark date on the notice. This will buy the driver some time to pull together the money required to avoid suspension; the hearing will be scheduled within 45 days of the request. If that money is paid any time before or during the hearing, the process stops and the suspension won't be put into effect. If the driver has not paid or requested a hearing within 30 days, the court will order a suspension and the DMV will send out a notice to the driver, giving him 20 days to challenge the suspension. At that point, before 20 days from the date of the notice are up, the driver can write to the DMV and the Probation Division challenging its determination that he is an "obligor" (owes child support). The Probation Division must then petition for a judicial hearing. Again, this buys the driver 30 days in which to comply with the court's payment orders and avoid suspension. If both periods have passed, the driver can still request a hearing to modify his child support order and argue there that a license suspension will cause significant hardship to himself, to his legal dependants, or to his employees. Because this is a legal proceeding in the Family Division that may affect his financial obligations, visitation rights, and other matters, the driver should retain an attorney. At this hearing, the court may lift the suspension if a new payment plan is developed by which the driver both pays his arrears and continues to comply with all child support obligations. Be advised, however, that making a motion to modify child support requires a showing of changed circumstances. If you cannot show this, you may not succeed. |
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CLICK HERE FOR PHONE NUMBERS |
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Other things I need to know?
** WARNING! If the court has issued a warrant for the driver's arrest, merely appearing in court could result in Sheriff's officers arresting the driver. Contact the court by telephone to determine how to get the warrant recalled (or a guarantee the driver won't be arrested when he appears) before attending any hearing or even stopping by to make a payment. **Remember that whether instituted after the Probation Division notice or after the DMV notice, the hearing process forestalls the suspension for a period of up to six weeks or so. A person receiving a notice that the suspension is about to go into effect should, before the effective date of the suspension, follow the steps outlined above. **Once a notice of suspension is received, a driver cannot avoid the suspension by filing a motion to modify the child support order. A motion to modify a child support order that was filed before the suspension notice is received stops the suspension process until the motion has been dealt with, but a motion to modify a child support order filed after the suspension notice has no effect on the suspension process. The driver must follow-through with the suspension process as outlined above and attempt to modify the child support order later on |
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E. Failure to Appear in Municipal CourtDescription:The municipal courts of the State of New Jersey have the power to suspend a driver's license as punishment for the driver's failing to appear in court -- not only to defend against a traffic summons, but also to defend against a local ordinance violation (also known as a Special Complaint or "SC" Summons) or in any other municipal court proceeding. The suspension in this scenario is often automatic. When the court records a driver's failure to appear in the statewide computer system, that information is plucked out of this system by the DMV and a suspension is issued. Who suspends? The suspension is ordered by the municipal court in the municipality where the summons was issued. Mandatory or discretionary? Suspension for failure to appear is discretionary. It is used very frequently. How long does the suspension last? The suspension will last until the driver appears in court to answer the summons. Thus, the driver should ask the court to lift the suspension when he or she appears in court. (The court must do so unless the underlying charge carries a mandatory license suspension -- e.g., if the driver failed to appear to answer a DWI summons.) |
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Where do I go to get information about the suspension? The administrator at the municipal court where the suspension was issued should be able to provide information about the suspension. |
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CLICK HERE FOR PHONE NUMBERS |
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What is the procedure for lifting the suspension?
The driver will have to appear in court to answer the summons in order to request that the suspension be lifted, even if he or she believes the summons was wrongly issued or if he or she did not receive notice. Depending on the charge, the driver can either put forth a defense or plead guilty and request leniency. If a guilty plea carries a fine which the driver can't pay, or needs to pay in installments, the judge will have the discretion to continue the suspension until the full amount, or some portion of it, is paid (for more on this, see the section below on "Failure to Pay a Court-ordered Penalty"). Other things I need to know? **WARNING! The court may also have issued a bench warrant ordering the driver's arrest in addition to the suspension. In fact, when a defendant fails to appear in municipal court, the court usually issue a warrant. The warrant entitles the county sheriff (or any law enforcement officer) to arrest the individual wherever he or she is found. A dollar value -- or "bond" -- is associated with the bench warrant, often $500 or $1000. Unless the warrant is recalled (i.e., withdrawn by the judge), you must "post bond" by giving that amount of money to the court, just to appear and be heard on the charge. If a person for whom a warrant has issued appears in court without posting bond, the sheriff may arrest him or her. Obviously, it is very important to find out whether a warrant has issued -- and be prepared to pay it if it is not recalled -- before scheduling a court appearance. **It is possible to get the court administrator to recall a warrant so that the person can appear without posting bond. The legal grounds for such a recall often involve the individual's not having had notice of the court appearance missed. For example, maybe the summons or "notice to appear" was sent to an old address and was never received; or the notice and hearing took place while the individual was incarcerated, in the hospital or in a drug treatment program. Situations like these constitute legal grounds on which you are entitled to recall of the warrant. Even without these clear legal grounds you can often convince the court administrator to exercise her discretion and recall the warrant if you can provide compelling reasons behind the missed appearance. However, if the driver has in the past exhibited a pattern of failing to appear, to pay fines, or to comply with court-ordered installment plans, the chances of getting the warrant recalled will be substantially reduced. |
Whether you are the person suspended or an advocate, come to court prepared to make your best case. Dress appropriately. Bring support letters from programs, community or religious leaders or others. CLICK HERE for a sample letter.
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F. Failure to Pay a Court-Ordered PenaltyDescription:When a county or municipal court has ordered a New Jersey driver to pay any sort of penalty -- typically, a fine for a traffic violation, but also including court costs and fees, and other judgments -- the court can suspend the driver's license for failing to pay, if there was no good reason for the driver's failure. Likewise, if the court has established a payment plan to allow a defendant to pay a large fine in installments, a late or missing payment -- particularly if not explained -- can also lead to suspension. In addition, the New Jersey Superior Court can suspend the license of an individual convicted of a crime if he or she has failed to pay any fines or restitution - or any installments in a payment agreement - that the court has ordered. This includes, for example, the "drug enforcement and demand reduction" or "DEDR" penalties that are imposed on individuals convicted of various drug-related crimes in New Jersey. |
For example, see N.J.S.A. § 39:4-203.2 N.J.S.A.§ 2C:46-2 |
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Who suspends?
The suspension is ordered by the court where the money is owed - the municipal court of a particular municipality or the superior court. Mandatory or discretionary? Suspension for failure to pay is discretionary, but very common. How long does the suspension last? The suspension will usually last until the fine or installment payment is paid. Where do I go to get information about the suspension? The administrator at the municipal court where the suspension was issued should be able to provide information about municipal court suspensions, and the Criminal Division Manager for the county where the criminal fine was issued will provide information about failure to pay in Superior Court. Individuals on probation or parole can also check with their assigned officers. What is the procedure for lifting the suspension? Resolving the problem is not complicated, but it can be burdensome: when the driver pays what is owed, the suspension will be lifted. In many cases, this type of dispute with the court can be resolved by telephone with the court clerk's office. The court may, however, insist on the driver's appearing to explain the failure to pay. In the case of an installment plan, the court may in its discretion permit a new installment plan but also may require the driver to pay the entire penalty before it will lift the suspension. In municipal court, a driver should be able to work out a payment plan, but should be prepared to provide an explanation both for the missed payments and for how the new agreement will be kept. REMEMBER: The driver will still need to pay the restoration fee to the DMV to drive legally, as described in Step Three. |
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Other things I need to know? WARNING! As described in the previous section, a warrant for the driver's arrest may have issued because of the failure to pay. Paying the fine gets rid of both the warrant and the suspension. If you need to request a payment plan instead of paying the whole fine at once, you will need to try to get the warrant recalled before appearing. See the discussion in Section E, above, for details on how to do this. Again, those on probation or parole should check with their officers.
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G. Failure to Pay Parking TicketsDescription:State law allows municipalities to use license suspension as punishment for failure to pay the parking fines imposed by the municipality, or even just failing to show up at a parking offense-related hearing. The law requires that people who are indigent or receiving public benefits (e.g., TANF, SSI, GA) must be permitted to pay fines on an installment basis, but licenses can still be suspended for failure to pay any installment. Because this becomes a municipal court matter, much of what is described above under "Failure to Pay a Court-ordered Penalty" applies here; you should read that section as well. Who suspends? The municipal court for the municipality where the parking ticket was issued orders the suspension. The DMV also theoretically has the power under the law to suspend for failure to pay a parking ticket, but it generally will not do so unless there is a court order. Mandatory or discretionary? Discretionary, but it is almost automatic in most places. How long does the suspension last? The suspension usually lasts until the parking ticket is paid or an installment agreement is agreed between the court and the driver. The municipal judge has discretion to lift the suspension if a portion of the sum owed is paid. Where do I go to get information about the suspension? The DMV will be able to tell you where a suspension for failure to pay a parking ticket was imposed, and that information will also be on the abstract. The administrator at the municipal court where the suspension was issued should be able to provide information about outstanding fines and how to get into court. |
N.J.S.A. § 39:4-139.1 and following sections |
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What is the procedure for lifting the suspension? As described above under "Failure to Pay a Court-Ordered Penalty," when the fine (plus interest and costs, if any) is paid, the suspension will be lifted. Follow municipal court procedures described above. |
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See Section F |
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Other things I need to know? See above, under "Failure to Pay a Court-Ordered Penalty." |
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H. Criminal and Juvenile Justice Code SuspensionsDescription:New Jersey's Code of Criminal Justice and the Code of Juvenile Justice permit or require judges to suspend licenses on conviction for certain crimes, in addition to other punishments like incarceration or probation. Almost all of these are suspensions for a particular period of time. The most common criminal code suspensions result from violations of the Comprehensive Drug Reform Act. Adults convicted and juveniles adjudicated delinquent for crimes related to possession or sale of controlled dangerous substances (CDS) will receive a suspension of 6 to 24 months, depending on the severity of the crime. In addition, some statutes related to crimes involving or committed using cars, such as auto theft and using a motor vehicle to elude law enforcement or promote prostitution, specify license suspension for a period of time as a penalty. A sentencing court also has the power, generally, to add a suspension for two years or more to a sentence for any crime or disorderly persons offense if a motor vehicle was used to commit the offense. A similar provision applies to juveniles. In addition, juveniles' licenses can also be suspended for graffiti and circulating a "false public alarm" (such as by calling school and instigating a bomb scare). Juveniles not yet old enough to drive can have their eligibility to drive postponed by the length of suspension. |
N.J.S.A. § 35-16 N.J.S.A. § 2C:20-2.1 N.J.S.A. § 2C:29-2 N.J.S.A. § 2C:34-1 N.J.S.A. § 2C:43-2 N.J.S.A. § 2A:4A-43.3 N.J.S.A. § 2C:33-3&3. |
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Who suspends?
The suspension will be ordered by the judge in a criminal or delinquency proceeding. This is done in the Superior Court. Mandatory or discretionary? This will depend on the particular offense. As noted above, for drug-related and certain other kinds of offenses, the suspension is mandatory. For others, such as when a motor vehicle was used in the commission of an offense, suspension will be at the discretion of the judge. How long does the suspension last? The suspension will last for the period of time specified by the judge. Where do I go to get information about the suspension? Generally, for information about a criminal proceeding, you should go to the Criminal Division Manager for the county in which the sentencing took place. (Except for juvenile delinquencies, which are handled by the Family Part.) Those on parole or probation should ask their assigned officers. |
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What is the procedure for lifting the suspension?
The suspension cannot be lifted until the period of time specified by the judge at sentencing has expired. You will need to know the exact date when the suspension started, which can be found out from the court (see above) but should also be part of the DMV records: on the abstract, look at the "Event Date" column. The suspensions usually run from the date of sentencing (a/k/a "disposition"), whether this occurs after a trial or a guilty plea. If the individual is also sentenced to jail or prison the suspension will not begin until the day the driver is released. Once the suspension period has expired, provided that there are no other grounds for suspension, the license can be reinstated or renewed by following the procedures in Step Three. No further court contact should be required. Other things I need to know? In addition to license suspension for offenses committed using a motor vehicle, the vehicle's registration may have also been suspended. Check with the DMV to find out. |
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CLICK HERE for Appendix D, on how to re-open a case if you're seeking to reduce the time left on a discretionary sentence. This is difficult and time consuming, though, and it may be better just to wait until the suspension period is up. |
DO ask as many questions as it takes to understand the facts of each suspension. It's better to keep someone on the phone an extra few minutes than to have to call back.
DO be up-front about what you're trying to do. Most of the people you'll encounter on the phone, at the DMV, and in New Jersey's municipal courts are willing to help and are sympathetic to the difficulty of getting a suspended license restored.
DO follow-up and make sure the driver is keeping up with the payment schedule ordered by the court or agreed to by the DMV. Falling behind in payments can lead to new suspensions, additional fines, and other penalties.
DO encourage the driver to seek financial assistance to pay fines. Some job training and social welfare programs have funds to help participants get out from under the burdens of debts and license suspensions.
DON'T take out your frustration on court clerks or DMV staff. Their help is invaluable and you need them to be your allies.
DON'T do everything for your clients in this process. Handling the process themselves can help a driver gain confidence, understand the law, and develop skills and habits that will be helpful in other areas.
DON'T pretend that you are the driver's lawyer if you're not an attorney. This manual sometimes refers to the suspended driver as "your client." This term is used merely as a convenience for the reader. If you are not an attorney of the State of New Jersey, you cannot render legal advice or "represent" someone other than yourself in court. Doing so would constitute the unauthorized practice of law and could subject you to civil and criminal penalties.
DO assist your clients by being a voice for them. Municipal courts and the DMV are generally friendly to the idea of people like you "assisting" or "speaking for" people who need help getting their licenses back. Don't be shy about helping in this way, but always make sure people know you are not an attorney.
