If your license is scheduled to be suspended you will receive a Notice of Proposed Suspension from the New Jersey MVC. This will state the reason for the suspension, how long they are proposing to suspend your license, suspension start date, and how to request a New Jersey DMV hearing. Our office can assist you in fighting the potential suspension by requesting this hearing. A request for a hearing must be made within 25 days from the date of notice. New Jersey Administrative Code (NJAC)13:19-1.2. Once a hearing is requested the proposed suspension is stayed or postponed. Under NJAC 13:19-1.2, the MVC/DMV will require a prehearing conference with a MVC employee, or transmit the matter to the Office of Administrative Law for a hearing pursuant to NJAC 1:1.
The Administrative Procedure Act (APA), N.J.S.A. 52:14B–1 to –15, provides licensees with an administrative hearing if there are disputed material facts. N.J.S.A. 52:14B–11. See Bell v. Burson, 402 U.S. 535, 539, 91 S.Ct. 1586, 1589, 29 L. Ed.2d 90, 94 (1971). A hearing is not required where the material facts are not in dispute. State, Div. of Motor Vehicles v. Pepe, 379 N.J.Super. 411, 419 (App.Div.2005) (no disputed facts or law, therefore, no hearing necessary). Neither is a hearing indicated where the state agency is "required by any law to suspend a license without exercising any discretion in the matter," either on the basis of a court's judgment in the matter or by law. N.J.S.A. 52:14B–11; N.J.A.C. 13:19–1.13.
N.J.A.C. 13:19–1.2 sets forth the requirements pertaining to administrative hearing requests. A hearing request must "specify all disputed material facts which the licensee or his or her attorney intends to raise at such hearing." N.J.A.C. 13:19–1.2(d). It must also "set forth all legal issues" intended to be raised, as well as "all arguments on those issues which the licensee wishes the [MVC] to consider." Ibid. Hearing requests are denied for failure to comply with these requirements. N.J.A.C. 13:19–1.2(e).
You can continue to drive until the decision is made at the time of the hearing. It takes about 4-6 weeks to schedule a New Jersey DMV hearing. A pre-hearing conference date will then be received from the New Jersey Motor Vehicle Commission. The suspension notice states that an appellant can request a hearing, but such a request has to specify all legal and factual issues that the appellant wants to raise, and the appellant has to present all arguments on those issues. If an appellant does not do so, the request for a hearing can be denied. See N.J.A.C. 13:19-1.2(e). This hearing will be scheduled at one of the regional MVC service centers. Hearings are generally held in Trenton, Eatontown, Mahwah, and Deptford. Your must appear at this hearing. Our office will then prepare your defense to the proposed suspension. Your driving record will be reviewed in New Jersey and all other states in which you have been licensed to support this defense. At the hearing a decision will be made by the Hearing Officer. If you decide to reject the offer set forth by the hearing officer, our office will then request an appeal with an Administrative Law Judge.
Law Office of Steven P. Lombardi
318 Main Street
Suite 200 C
Millburn, NJ 07041
Or use our contact form.
9 AM -5 PM Monday through Friday