Once a Fatal Accident case has been scheduled for suspension, the driver will be mailed a scheduled suspension letter. The letter advises the driver to either accept the suspension or request a hearing.
NON-EMERGENT cases (NFTL) have 25 days from the date of scheduled suspension notice to request a hearing.
EMERGENT cases (EFTL) have 10 days from the date of scheduled suspension notice to request a hearing.
Hearing requests can be mailed to:
All Hearing requests must be received before the suspension effective date on the scheduled suspension notice.
The hearing request must specify all disputed material facts and/or legal issues to be raised in a hearing, along with all arguments about those issues that you want the Motor Vehicle Commission to consider. If an interpreter is required, please advise in hearing request.
NON-EMERGENT Hearing Requests received are scheduled for a NJMVC pre-hearing conference and the driver and/or attorney will be sent a letter advising of the date and time of the telephone pre-hearing conference.
After the pre-hearing conference at NJMVC with the driver and/or attorney, if a settlement is made a manual notice must be issued advising terms of settlement. If a settlement is unable to be made, the driver maintains a right to proceed to the Office of Administrative Law for a formal hearing before an Administrative Law Judge.
EMERGENT Hearing Requests received do not get a pre-hearing conference with NJMVC, they are transmitted straight to the Office of Administrative Law for a formal hearing. Emergent cases are first scheduled for a Preliminary Hearing. At this hearing it will be determined by the Administrative Law Judge whether the drivers driving privileges should be suspended immediately pending their Plenary Hearing, which will also be held at the Office of Administrative Law.
If no hearing request is received by the New Jersey Motor Vehicle Commission Fatal Accident Unit within the above noted time frame, the case is considered a Default. At this time the scheduled suspension will flip to an order of suspension, and an Order of Suspension letter is mailed to the driver.
EMERGENT and NON-EMERGENT OPPORTUNITY TO BE HEARD CONFERENCE- These are cases that have defaulted, and the order of suspension is in effect. Since the driver never had a pre-hearing conference, they are entitled to an opportunity conference. The Opportunity hearing request will be sent to the same address and/or fax number listed above. The same information is required in the hearing request. The Opportunity Hearing will be conducted by the Motor Vehicle Commission Fatal Accident Unit.
ADJOURNMENTS:
An Adjournment request can be received by mail or fax at the above listed address and number.
It must be received at least seven days before the scheduled conference date.
If your hearing is being held at the Office of Administrative Law, you must contact them for an adjournment.
Related Links
Contact Fatal Accident Unit
Fatal Accident Unit FAQ