Sunday, October 28, 2012
No Loss of NJ Drivers License for Out of State Offenses
In the event you are convicted of an out of state driving offense which subjects you to a suspended license in the state levying the charges against you, your New Jersey drivers license becomes subject to suspension. However, there is an important caveat: the offense for which you are found guilty must be one that would subject you to suspension if it occurred in NJ. In NJ, certain convictions such as controlled dangerous substances in a motor vehicle result in automatic suspension of driving privileges. States differ as to which convictions result in suspension of driving privileges within the state, therefore, convictions leading to suspension in one state may not require automatic suspension in other states. In the event your driving privileges are suspended in another state, New Jersey will receive a notice of suspension from that state. Upon receipt of notice of suspension in another state, NJ Motor Vehicle Commission (NJMVC) will mail, to the address appearing on your NJ drivers license, a notice of proposed suspension. This notice is prepared administratively by the NJMVC . What this means to you is that, although you receive a notice of suspension from the NJ Motor Vehicle Commission due to a suspension of your privileges in another state, the underlying conviction in the other state may not meet the statutory requirements for suspension of your driving privileges in NJ. If you receive a notice of suspension of your New Jersey driving privileges from the state of NJ as a result of an out of state suspension, you should contact an experienced municipal court defense attorney to determine whether the underlying charges give rise to loss of driving privileges in NJ. If the underlying charges do not require suspension of your driving privileges in NJ, you may continue to drive in NJ. More importantly, if you were charged with driving while suspended in NJ as a result of this situation, the NJ charges will be dismissed once you have resolved the original suspension issue. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you face suspension of your NJ driving privileges, you should consult an experienced traffic law attorney immediately in order to preserve your ability to commute to work, transport your children, attend medical appointments and the like. For more information on motor vehicle, municipal court and other criminal law matters, in New Jersey visit HeatherDarlingLawyer.com.