You may be surprised to learn that some criminal convictions can affect your driver’s license in New Jersey. Most people realize that if they gather enough points on their driving record, their license can be suspended. Twelve points or more during a period of three years will suspend your license. However, other activities can also result in a driver’s license suspension. Fighting particular charges with the help of an experienced criminal defense attorney can be the best thing you can do to avoid having your license suspended. Here are some of the most common charges that can result in driver’s license suspension in New Jersey. For help with your specific charges, contact our Morristown office anytime at (908) 336-5008. You can also send us an email to arrange a free consultation.
Mandatory License Suspension for DWI
If you are convicted of driving while intoxicated (DWI) in New Jersey, your license will automatically be suspended. This is an absolute requirement under New Jersey DWI law. For a first DUI offense, if your blood alcohol concentration (BAC) is over 0.10, then your license will be suspended between seven months and one year. 1st offenses involving a BAC between 0.08 (the legal limit) and 0.10 will result in a three-month suspension if you’re convicted. If you have a second DUI conviction within a period of 10 years, then you will have to endure a two-year license suspension. A third offense for driving under the influence results in a 10-year license suspension for those found guilty. It is also important to note that license suspensions are also mandatory if a driver who is pulled over for a suspected DWI refuses to submit to a breathalyzer test.
Driver’s License Suspended for Failure to Appear in Court
Your driver’s license can also be suspended if you fail to appear in court in New Jersey. Failure to appear charges can be the result of not coming to a scheduled court hearing for a serious indictable offense, or it can be the result of something as simple as forgetting about a court date for a traffic ticket. If you have hearing scheduled, you should always appear—and bring your criminal defense attorney with you. Because of the harsh consequences of not going to court, you should be sure to update your contact information and address with the court if you are involved in any legal proceeding. If you come to find out your license has been suspensed for failing to appear in court, our attorneys can help resolve this issue and get a new court date scheduled in your case.
Can the Court Suspend my License for Reckless Driving?
Technically, a reckless driving conviction does not come with an automatic license suspension in New Jersey. However, when the conviction has certain aggravating factors, a judge could choose to suspend your license after this type of charge. The judge must find a willful or wanton disregard for person or property. A willful violation of the reckless driving statute is an aggravated form of reckless driving. This type of action is very likely to cause injuries or damage to other people or property. There is no strict definition of when a judge can impose a license suspension under New Jersey law. For instance, improper passing, excessive speeding, and other similar conduct could warrant a suspension in some situations, particularly if you have a history of traffic violations.
Losing your License for Drug Charges
You can also lose your license if you’re convicted of certain types of drug crimes in New Jersey. In fact, driver’s license suspension is mandatory if certain conditions are met. Generally, any violation of a drug law will carry a license revocation of not less than six months, but no more than two years. This includes Possession of a Controlled Dangerous Substance (CDS) and any charges for cocaine, heroin, marijuana, or prescription drugs. However, the court can find that there is a “compelling” reason to avoid imposing this consequence, for instance, if the suspension would result in extreme hardship and alternative means of transportation are not available to you. Your defense attorney can make this type of argument on your behalf, so you have the best opportunity to avoid having your license suspended for a drug crime.
How do I Avoid Having my License Suspensed?
The likelihood of your license being revoked or suspended is lower if you have an experienced criminal defense attorney aggressively defending you. If you or a loved one is facing charges, call The Tormey Law Firm’s Morristown office today to get more information on how we can help. You can reach us around the clock at (908) 336-5008.