License Suspension rules and appeals

[hockeystar2126]

Ok well i need help when it comes to suspension and the rules, and also if there is an appeal process in which you can appeal the decision of a suspended license. The story is a 17 year old boy who has a punishment of losing his license for sixth months but has not have any driving privileges in new jersey prior to this decision, in other words he has never had his permit/license before the suspension. The courts ruling was that he receive his license six months after his 17th birthday which happens to be may 21, the suspension started on may 17 2007 and would end on November 17, 2008. The kid called the (dmv) and they said that he needed a permit for 6 months before he can get his license which is state law, but that is not the problem. The problem is that the kid was suppose to get his license after the suspension was up, the (dmv) said that now it is up he can use his permit for 6 months which is until may 17, 2008 then be able to take a drivers test for his license. This is not what the court ordered. In the incident of the suspended license other kids were involved and we got information from them, the one kid was able to get his license after the 6 months was up after his birthday. so why cant the other kid involved be able to get his license six months after his birthday? When the kid who got his license he had his permit for six months (which was during the Suspension) and the (dmv) still scheduled a drivers test even though when a suspsension is issued the dmv will not validate a permit, yet how did he get his permit validated when the suspension was in place? Now back to the other kid who has to wait even longer he passed the written test a month before his birthday may 17 2007 and had a permit but couldnt validate because of the suspension, but how did the other child involved get his validated? and technically he had his permit for six months but couldnt use it but still had one so wouldnt that be considered six months with a permit as the law states? can anybody help me with this case? -thank you- Robert John

[Eagle]

You can request an administrative hearing with the DMV. You have to write to them and request it. Here is the relevant section from the New Jersey Administrative Code:


§ 13:19-1.2 Requests for hearings; disposition of hearing requests

(a) The proposed action to be taken against any licensee by the Commission shall become effective on the date set forth in the notice except when otherwise specified, unless the licensee or his or her attorney shall make a request, in writing, for a hearing within 25 days from the date of notice.


(b) Requests for a hearing shall, except as specified in (c) below and in N.J.A.C. 13:19-12.2(b), be sent to the following address:

Motor Vehicle Commission

Driver Management Bureau

PO Box 134

Trenton, New Jersey 08666-0134

(c) Requests for a hearing by a person or entity whose business license (that is, motor vehicle dealer license, private inspection facility license, motor vehicle emission repair facility registration, motor vehicle emission inspector license, diesel emission inspection center license, auto body repair facility license, junk yard license, sun-screening material installation facility registration, driving school license or driving school instructor‘s license) is proposed to be suspended or revoked shall be sent to the address specified by the Commission in its notice of proposed suspension or revocation.

(d) Requests for a hearing shall specify all disputed material facts which the licensee or his or her attorney intends to raise at such hearing. Requests for a hearing shall also set forth all legal issues which the licensee or his or her attorney intends to raise, and shall present all arguments on those issues which the licensee wishes the Commission to consider.

(e) When a hearing request fails to set forth any disputed material fact and fails to set forth any legal issue or any argument on an issue, the request for a hearing shall be denied. The Commission shall notify the licensee of this denial and the grounds thereof, and shall notify the licensee that the proposed action shall become effective on such date as the Commission shall specify. Such notice shall constitute the final agency decision in the matter.

(f) When a hearing request sets forth disputed material facts which the licensee or his or her attorney intends to raise at such hearing, the Chief Administrator shall require the licensee to attend a prehearing conference conducted by designated employees of the Commission.

(g) When there are no disputed material facts and when a request for a hearing sets forth legal issues and presents arguments on those issues, the Chief Administrator may either consider those legal issues and arguments on the basis of the written record and render a written determination which shall constitute the final agency decision in the matter; or may require the licensee to attend a prehearing conference conducted by designated employees of the Commission; or may transmit the matter directly to the Office of Administrative Law for a hearing pursuant to N.J.A.C. 1:1.