It often comes as a shock to learn that New Jersey Law imposes a mandatory driver’s license suspension when someone is convicted of any form of controlled dangerous substance (“CDS”) offense. What this means is that you will face a suspension of your license to operate a motor vehicle whether your convicted of distribution, possession, being under the influence, or even use of drug paraphernalia. The only way for this outcome to be avoided is to demonstrate that a compelling circumstance(s) exist in that an extreme hardship will result if your license is revoked. With such a high standard, it is obviously in an individual’s best interest to consult and hire an attorney if they are genuinely interested in saving their driver’s license. The attorneys at our firm can assist you in this regard, as they are largely former prosecutors and possess over 100 years of combined experience. Call our Newark Defense Firm now at 973-710-1520 for a free consultation with one of our lawyers.
Does The Mandatory Suspension Apply To A Juvenile Charged With A Drug or Paraphernalia Offense?
Yes. The revocation must be imposed upon juveniles who have been adjudicated delinquent for a violation of these offenses.
Is There A Suspension If I Do Not Have My License Yet?
When someone is under seventeen (17) or otherwise has yet to obtain a valid driver’s license and has been convicted of possession, intent to distribute, or possessing drug paraphernalia, the suspension of driving privileges commences on the day that the person reaches seventeen (17) or would otherwise be entitled to receive his/her driver’s license.
Can My License Be Suspended Even If I Take a Conditional Discharge or Pretrial Intervention?
Yes but the suspension is discretionary and not mandatory under both of these programs. The court has discretion to suspend, revoke or postpone the driving privileges in these cases.
What Is The Term or Period Of Suspension That Must Be Imposed?
The forfeiture of your license and ability to driver must be for not less than six (6) months and not more than two (2) years. Multiple suspension periods may not be imposed consecutively if you are sentenced to more than one drug charge. The suspension period commences on the day sentence is imposed.
When Will My License Be Taken/Confiscated?
Your driver’s license will be taken from you the moment you are sentenced although most judges will grant you a temporary license to get home from court. The license will be forwarded to the Division of Motor Vehicles in Trenton, along with a report setting forth the date and period of suspension. If you are an out-of-state driver, the judge cannot take your license as that can only be done by the jurisdiction overseeing your privilege. Nonetheless, the court will impose a suspension of your ability to drive in New Jersey and direct that the NJDMV advising the licensing state of what has occurred (e.g. suspended your license).
Our firm successfully assists an extremely high percentage of individuals charged with drug offenses so that a driver’s license suspension is avoided. To learn how our lawyers would go about helping you, call us at 973-710-1520 for a free consultation.