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Quite often the DMV will suspend a driver
because they have too many points, or they have failed to pay their surcharges.
This is known as an administrative suspension. Quite often the DMV will suspend
a driver because they have twelve or more points. Therefore, the driver will
qualify as a persistent violator.
Before the DMV can suspend a driver, they
must mail a notice of proposed suspension to him. The driver has an opportunity
to appeal the suspension. If the driver does not appeal, then the proposed
suspension takes effect 25 days from the date of the notice. N.J.A.C.
13-19-1.2.
The driver should send a certified letter
to the DMV, and advise them that they wish to appeal. Always send the notice of
appeal by certified mail. The DMV has many cases, and it quite often misplaces
mail. Always send your notice of appeal by certified mail. If the time period to
appeal expires, then the DMV will not accept your appeal. If a driver files a
timely appeal, then the suspension will be stayed.
Once the driver files an appeal then he is
entitled to a hearing before a DMV hearing officer. The DMV hearings are
usually held at the DMV centers in Eatontown, Trenton, or in Wayne. The DMV hearing
officers are usually veteran DMV employees. They are skilled at reading driver
abstracts, and they are usually fairly experienced. The DMV hearing officer
conducts a pre-hearing conference. This DMV hearing officer is also referred to as a
driver improvement specialist. At this hearing, very often a resolution can be
reached. Quite often the DMV will accept a short suspension. If a driver does
not contest an administrative suspension, then in most cases, the driver will
lose their license for 180 days.
One of the best strategies to prepare for a
DMV hearing is for the driver to attend a driving improvement course prior to
the hearing date. If the driver completes this course, and if a certificate of
completion is presented to the DMV hearing officer, then quite often this will
prove that the driver is serious about improving their driving ability.
Quite often, the DMV hearings can be
postponed for years. A driver will have three points removed from his license
if he does not receive any moving violations for 12 consecutive months. Quite
often, if a driver files a timely appeal of a persistent violator charge, three
points can be removed from his license by the time the case is ready to be
heard by the DMV.
Most cases are settled at the DMV hearing.
However, if no compromise can be reached, then the matter should be submitted
to the Office of the Administrative law, for a full hearing.
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