Update: New Case Sets Forth Reasons For Nj Judges To Suspend One's Driver's License - 2010

New Case Sets Forth Reasons for New Jersey Judges to Suspend One's Driver's License

In New Jersey, committing a moving violation may result in further penalties not necessarily mentioned in the statute with which a driver was charged. Example:, an array of New Jersey drivers could know that a reckless driving conviction carries a penalty of up to sixty days in jail and/or a fine between $50 and $200 under N.J.S.A. 39:4-96. In addition, five NJMVC points will be added to your driving record pursuant to N.J.A.C. 13:19-10.1. But what most drivers do not know is that there is also an enhanced penalty statute buried in N.J.S.A. 39:5-31, which authorizes a judge to suspend or revoke the defendant's drivers license if the driver "willfully" violates any of the N.J.S.A. 39:1-1 to N.J.S.A. 39:5G-2 statutes.

The New Jersey Supreme Court has recently opined on the meaning of the word "willful" in State v. Moran. In this case, the Court held that in the term "willful" in fact means a "deliberate violation of [N.J.S.A. 39:1-1 to N.J.S.A. 39:5G-2 statutes]." Which means that the defendant has to go above the "likely to endanger a person or property" requirement of the reckless driving statute; instead, he must engage in conduct that is highly "likely to endanger[] a person or property."

In deciding whether a license should be suspended and determining for how long, the courts need to weigh the following facts:

1.The defendant's conduct and the property or physical risk that his conduct presented;

2.The defendant's driving record, age, length of time as a licensed driver, and the number, seriousness, and frequency of prior moving violations;

3.The length of time from the last violation and the risk that another violation will occur;

4.Whether the character and attitude of the driver indicate a probability or lack of probability that future infractions will occur;

5.Whether the defendant's conduct was the result of circumstances not likely to recur;

6.Whether suspension will cause hardship and whether there is a need for such a deterrent;

7.Comparisons of the offense and the length of suspension to motor vehicle statutes that impose mandatory license suspensions;

8.This list is not conclusive as any other relevant factor clearly identified by the court may be factored in as well.

At the Law Offices of Thomas Carroll Blauvelt, LLC, we know that a valid driver's license is quite crucial for those who require it to get to work as well as to those who use their car as transportation in their daily lives. Yet the courts routinely suspend licenses in some traffic violation cases. Don't risk losing your NJ license. As summed up above, a NJ Municipal Court judge can suspend your license even though the offense does not carry such a penalty. The Law Offices of Thomas Carroll Blauvelt, LLC can help you. We are an experienced law firm for individuals who are threatened with a suspension of their license. We understand the case law and have experience fighting various traffic violations in many of the municipal courts in New Jersey. Contact Thomas Carroll Blauvelt, LLC online, or contact our office at (877) 676-7729 for a free consultation to discuss your legal options.

by: ArticleSubmit Auto

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