NJ Persistent Violator License Suspensions (Accumulation of Points) Lawyers

NJ Persistent Violator License Suspensions

We all know someone who drives like a maniac and can’t seem to follow basic traffic laws. In New Jersey, consistently dangerous drivers can have their licenses suspended under the “persistent violator” statute. If you rack up too many points or continue to break the rules of the road, you risk hitting the MVC’s suspension threshold.

Getting your license taken away is serious business. Loss of driving privileges impacts your work, family life and independence. Understanding New Jersey’s persistent violator law can help you avoid suspension and stay on the road.

What is the Persistent Violator Law?

New Jersey’s persistent violator law allows the MVC to suspend the license of any driver who repeatedly breaks motor vehicle regulations. The main triggers for suspension are:

• Accumulating 12 or more driver penalty points within a 24 month period
• Being convicted of 3 or more moving violations within a 3 year period

So if you rack up points for speeding tickets, run red lights, drive recklessly, etc., you risk hitting the persistent violator threshold. The MVC sees these drivers as a danger and will revoke their licenses.

How Many Points Trigger a Suspension?

12 total points within 24 months is the magic number that typically leads to a persistent violator suspension. Here’s how different moving violations add up:

• Speeding 1-14 mph over the limit: 2 points
• Speeding 15-29 mph over: 4 points
• Reckless driving: 5 points
• Running a red light: 5 points
• DUI: 8 points

Minor infractions like broken taillights don’t carry points. But violations like speeding, phone use and reckless driving quickly add up. A few tickets can lead to a suspended license if you’re not careful.

How Long Do Points Stay on Your Record?

Points remain active on your driving record for 2 years from the date of violation. The MVC reviews your last 24 month history to determine if you’ve hit the persistent violator limit. Any older points expire and won’t impact your license.

So if you got 6 points for speeding in January 2020, those points would drop off your record in January 2022. The MVC would no longer count them towards a suspension after 24 months.

Can I Fight a Persistent Violator Suspension?

You have the right to challenge a persistent violator suspension, but your options are limited. Possible defenses include:

• Incorrect point totals – Administrative errors do happen
• Proof of driving school – May reduce points over time
• Not properly notified of earlier tickets

However, if your 12+ points and 3+ convictions are accurate, it’s tough to fight the suspension. Requesting a hearing to explain mitigating circumstances rarely works for persistent violators.

How Long is the Suspension Period?

For a first offense, the typical persistent violator suspension period is 3 months. But for subsequent offenses, the MVC can suspend your license for up to 2 years.

The suspension remains in effect until you complete a New Jersey driver improvement course and pay a $100 restoration fee. Completing these requirements prompts the MVC to return your driving privileges.

Can I Get a Restricted License?

New Jersey does allow some persistent violators to obtain restricted use licenses, also known as hardship licenses. To qualify, you must prove that license suspension would cause extreme hardship related to:

• Employment
• School
• Medical care
• Dependent transport

The MVC rarely grants hardship licenses, but it’s an option for those who truly rely on driving privileges for basic life needs.

How Do Suspensions Affect My Auto Insurance?

Expect your auto insurance rates to skyrocket after a persistent violator suspension. Most insurers view you as a high-risk driver after multiple moving violations and suspension. You may even have trouble finding companies willing to offer a policy.

Make sure to honestly disclose your driving record to any potential insurer. Withholding suspension details is illegal and can invalidate your policy. Maintaining clean driving after the suspension can gradually lower your rates over time.

Can I Lose My License Forever?

Believe it or not, New Jersey does allow lifetime license revocation for the worst repeat offenders. According to the MVC:

“Your driver license may be revoked for life if you are declared a habitual violator with three or more convictions for certain offenses within a three-year period.”

Offenses leading to potential lifetime revocation include DUI, leaving the scene of an accident, street racing, and using a vehicle for criminal activity. Most drivers suspended under the persistent violator law do eventually regain their licenses. But consistently dangerous behavior can result in permanent loss of driving privileges.

How Can I Avoid Suspension as a Persistent Violator?

Here are some tips for keeping your license clear of points and suspensions:

• Obey all posted speed limits
• Allow extra travel time to avoid rushing
• Avoid distractions like cell phones
• Take defensive driving courses
• Request hearings to fight unfair tickets
• Discuss ticket reduction with prosecutors

It only takes a few tickets to trigger a suspension as a persistent violator. Drive safely, don’t rack up points, and consult a traffic lawyer if you’re concerned about saving your license.

Sources:

[1] https://www.nj.gov/mvc/license/suspension.htm

[2] https://www.nj.gov/transportation/business/research/reports/FHWA-NJ-2015-006.pdf

[3] https://www.jonbramnick.com/articles/motor-vehicle-points-in-new-jersey/

[4] https://traffictickets.com/new-jersey/traffic-tickets/driving-while-suspended-in-new-jersey/

[5] https://vtcc.vt.edu/content/dam/vtcc_vt_edu/resources/manuals/regulations2023.pdf