Category Archives: Driving While Suspened or Revoked

When Driving with a Suspended License Becomes a Crime

There are many circumstances that will lead to an individual being charged with an indictable driving while suspended offense. One of the frequent is being charged with driving while suspended on more than one occasion when your license is suspended for DWI. You may also face this charge when you are suspended for your second or subsequent DWI offense and receive a ticket for driving during a period of revocation or suspension.

However, you may not know that you are facing this consequence until you arrive in the municipal court to answer the charge. It is usually at that time that you are told that your case is being transferred to the county for review.  The p0lice officer will not hand you a criminal complaint, just a ticket.

Although defendants are supposed to be made aware of these consequences during the sentencing in connection with the DWI offense, many times courts will forget to do so. Other times people just forget.

Regardless, if your case is transferred and remains in Superior Court, a conviction will mean a mandatory 180 day jail sentence. That time must be served day for day.

I represent people facing this problem, and in many instances I am able to avoid this penalty. In some cases, I was able to retrieve court transcripts from prior DWI convictions and show that the defendant was not properly warned of this penalty. In other cases, I was able to convince the county prosecutor to remand the case to  the municipal court and treat it as a traffic offense.

Interestingly enough, the Appellate Div. just held that a lawyer is not under any  obligation to tell the municipal court about this potential issue. Meaning, if asked, the defendant must tell, but if not, then no.  This can be helpful if the prosecutor or judge does not address the issue, but it  is far from a guarantee.

Even for a first offense DWI and first offense driving while suspended you face a mandatory ten days in the county jail and an additional 2 year loss of license.

Given the amount of county jail time one faces, it really is in your best interest to contact a lawyer if you have a question about this.

NJ License Restoration Attorney, Child Support Suspension, Nonpayment

Child Support accounts are monitored by probation. The State of New Jersey attaches child support obligations to the NJ license number on the account. Therefore, if an individual falls behind on child support payments (called an arrearage), the division of motor vehicles (motor vehicle commission) will be notified and driving privileges will be suspended (revoked). In addition, a child support warrant will be issued for the individual’s arrest. This warrant is typically issued by the county probation department or county court. The license will not be restored until such time as the outstanding child support is paid and the warrant is vacated

It is often the case that the individual who has fallen behind on child support payments owes a large amount of money. As an attorney who represents clients with child support related license suspension, I realize that it may be impossible for some to pay the full amount that is owed all at once. My law firm will communicate with the court and probation to get your case re-listed. We will then work with our client to come up with a REASONABLE child support payment schedule. Attorney Todd Palumbo will present the arrangement to the court. If accepted, my client will make a good faith payment towards the child support obligation, the warrant will be lifted, and the license restored.

Suspensions for non-payment of child support can created a cycle of problems that an experienced attorney can help you avoid. In my experience, many of my clients have accumulated driving while suspended convictions as a result of nonpayment of child support related suspensions. This can lead to jail time and thousands of dollars in surcharges and additional child support related issues.  The problem is fixable. Do not let it continue to snowball and fester. The quicker it it is addressed, the better.

I am a New Jersey license restoration lawyer who provides 24 hr free consultations. Please feel free to contact me with your questions.

I Pleaded Guilty to a Zero Point Ticket, But DMV Still Suspended Me For Points

If you are reading this page, it is safe to say that you are probably in one of the following predicaments.

1) Your license was in a probationary status following either a suspension for points (i.e. persistent violator) or a MVC appeal that resulted in no suspension but imposed a period of probation whereby you were prohibited from receiving any moving motor vehicle violations.

2) Your license was suspended at the time you received the motor vehicle summons, but your were not issued a ticket for it, nor did you realize it, and now NJMVC wants to suspend your driving privileges for six months.

Of course, there could be multiple scenarios that can produce the above quagmire. But here is what you need to know. If you have accumulated a number of points on your New Jersey license, and are in the danger zone for a Motor Vehicle Commision imposed suspension, or you are on probationary status because of a persistent violator situation, just about any moving violation will result in a Division of Motor Vehicles imposed suspension.

Therefore, if you have been issued a NJ traffic ticket for a moving violation, you have some choices, a few of which I discuss below:

1) There are only a few non-moving, no point amendments available in New Jersey. Both Judges and Prosecutors are extremely reluctant to offer these amendments and can only do so in certain situations. Additionally, (and unfortunately), you will most likely need the assistance of  New Jersey traffic ticket lawyer who has experience in the court that you are in and who specializes in this area of the law (such as I do). Believe it or not, obtaining these plea offers is very difficult in most jurisdictions.

2) If step one is not an option, Go to trial. Most traffic violations do not expose the defendant to a court imposed suspension. Fines and points could result upon conviction, but the points are going to expose you to an administration suspension in any event, so why not take a shot. If you win, you are not guilty, and the ticket goes away. However, trial is not always a good option, and there are other, more complicated means by which your ticket may be dismissed. But those procedures are not within the purview of this article. What ever the case may be,  you should consult with a lawyer before making any decisions. Moreover, if you want to got to trial, I would urge you to hire representation to give yourself the best chance to win.

Finally, If it is too late, and you have already received the proposed suspension notice from the Motor Vehicle commission, make sure you appeal the suspension. Once again, it is wise to hire an experienced motor vehicle and DMV appeal attorney for the proceeding. It is often the case that I am able to completely eliminate or dramatically reduce the proposed suspension at the appeal.