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NJ License Suspension Due to Physical or Mental Disqualification Lawyers
|Last Updated on: 23rd September 2023, 05:52 am
Fighting License Suspension for Physical or Mental Disqualification in NJ
In New Jersey, the MVC can suspend your driver’s license if they determine you have a physical or mental condition that prevents you from driving safely. But an experienced attorney can help you avoid suspension or get your privileges reinstated.
New Jersey Law on Physical and Mental Disqualification
Under N.J.S.A. 39:3-10.5, the New Jersey Motor Vehicle Commission (MVC) has authority to suspend or revoke driving privileges if someone has a physical or mental disqualification to drive safely. This includes conditions like:
- Epilepsy, seizures, or loss of consciousness
- Neurological disorders
- Cardiovascular disease
- Respiratory problems
- Diabetes
- Psychiatric disorders
- Alcohol or drug dependence
- Dementia or cognitive impairment
The MVC can suspend your license immediately if they decide you are not physically or mentally fit to drive based on a doctor’s report or other evidence.
Reporting Requirements
Doctors in NJ are required under N.J.S.A. 39:3-10.4 to report patients to the MVC that they diagnose with conditions that could impair driving ability. They may also have to submit medical records related to fitness to drive upon request from the MVC.
Failure to report can lead to fines, so doctors take this requirement seriously. Many conditions get reported automatically, triggering license reviews.
The Suspension and Revocation Process
If the MVC receives information that your medical fitness to drive may be compromised, several steps occur:
- They notify you that a review is taking place.
- You must submit medical reports from your doctor(s).
- The MVC reviews the reports and assesses your driving fitness.
- If they decide you are not fit to drive, your license is suspended.
- For permanent disqualifying conditions, your license may be fully revoked.
This process can move quickly, sometimes resulting in suspension before you can even submit medical evidence. Hiring an attorney early is key.
Appealing the Suspension
You have the right to contest your suspension and request reinstatement of your license by submitting evidence and requesting a hearing. Your lawyer can argue factors like:
- Your doctor’s opinion that you can drive safely
- Your driving record is clean with no accidents
- You have not had any episodes causing loss of consciousness while driving
- Your condition is controlled well with medications or therapy
- Suspension will cause undue hardship
Presenting solid evidence of your fitness and ability to drive safely is key to winning an appeal.
Restricted Licensing
If the MVC agrees your condition is manageable, they may reinstate your license on a restricted basis. This allows driving under certain conditions like:
- Only during daylight hours
- Within certain geographic distances from home
- For work purposes only
- With an ignition interlock device installed
- With adaptive equipment added to the vehicle
Restricted licensing provides a compromise so you can still drive as needed despite a medical condition.
Regaining Full Driving Privileges
To graduate to an unrestricted license after suspension or revocation, the process involves:
- Providing updated medical reports for MVC review
- Passing any required knowledge and road tests
- Maintaining a clean driving record during the restricted period
- Serving any suspension term requirements
- Paying reinstatement fees
With your attorney’s assistance, you can successfully navigate each step and regain your full New Jersey driving privileges.
Avoiding Suspension in Other States
If the MVC suspends you medically, that can trigger license suspension in other states as well under interstate compacts. So it’s critical to fight back against New Jersey suspension proactively to avoid a cascading effect.
When to Hire an Attorney
As soon as you receive notification from the MVC that they are reviewing your fitness to drive, it is advisable to consult a lawyer. This allows the attorney to get a head start on building your case for retention of driving privileges.
Don’t wait until you actually lose your license – by then it becomes harder to undo the suspension. Be proactive.
Finding the Right Lawyer
Not just any attorney can help with license suspension appeals related to medical disqualification. Look for a lawyer experienced specifically in MVC cases and license denials, including:
- Handling MVC hearings and appeals
- Submitting evidence and documentation
- Building medically-based arguments
- Negotiating reinstatement terms
An attorney well-versed in New Jersey’s medical suspension and revocation processes can best protect your driving privileges.
Don’t Give Up Your License Without a Fight
Losing your driving privileges due to a medical condition can be devastating, but it is not always inevitable. With an experienced lawyer fighting on your behalf, you can avoid suspension or get your license back.
Regaining the freedom of driving is worth the effort of an MVC appeal. Don’t just accept suspension without exploring your legal options first.