Do I need to hire an attorney for the hearing?
This decision is entirely up to you. You always have the right to represent yourself in legal matters. If you have received a letter from the New Jersey Motor Vehicle Commission (NJMVC) about an impending license suspension, it is important that you gather the facts about what this means.
Do I have to appear in person for the hearing?
No. Pre-Hearing Conferences for Non-Emergent Fatal Accidents and Opportunity Conferences are currently being held via telephone.
Yes. Formal Hearings for Emergent Fatal Accident Cases or any Non-Emergent Fatal Pre-Hearings that could not reach a settlement are held at the Office of Administrative Law before an Administrative Law Judge.
Why is the New Jersey Motor Vehicle Commission taking Administrative Action to suspend my driving privilege now, when the fatal accident occurred years ago?
The New Jersey Fatal Accident Unit receives completed investigation reports prepared by the New Jersey State Police Fatal Accident Review Unit. There is no simple or direct answer or timeline for a fatal crash investigation.
I didn’t receive any violations from this accident, or the violations I received were dismissed in court. Why is the New Jersey Motor Vehicle Commission taking Administrative Action against me to suspend my driving privilege?
Under NJSA 39:5-30 -Suspension or revocation or registration certificates and drivers’ licenses, the NJMVC has the authority to suspend, prohibit from obtaining a drivers license or disqualify any class of endorsement on a commercial driver license on any reasonable grounds after due notice in writing of such proposed suspension, prohibition, or disqualification and the ground thereof.
Why am I required to take a 3-part Re-Exam, and what does it consist of?
Under NJSA 39:5-30(f) it states in addition to any other final agency action, the Chief Administrator of MVC shall require any person whose privileges to operate a motor vehicle are suspended or who has been prohibited from obtaining a license, pursuant to this section, to be reexamined to determine the person’s ability to operate a motor vehicle prior to regaining or obtaining any driving privileges in this state. The 3-part Re-Exam consists of a vision test, written test, and road test which will be scheduled by the NJMVC Re-Exam Unit.
If I live out of state, can I take the 3-part Re-Exam in the state where I live?
The NJMVC Re-Exam Unit will mail a letter to the driver that they bring to the State in which they reside to take a Re-Exam. If they State if which the driver resides allows the driver, the Testing Center from that State must submit results on their Motor Vehicle Letterhead to the NJMVC Re-Exam Unit. If the State in which the driver resides refuses to allow the driver to take a Re-exam, the driver must test in NJ. The driver will need to contact the NJMVC Re-exam Unit to have a date scheduled.
Do I need to pay a restoration fee?
If you are suspended for a Fatal Accident, you will have to pay a $100 restoration fee.
Related Links
Fatal Accident Hearing Process
Contact Fatal Accident Unit