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Understanding License Suspension vs. Revocation in New Jersey

March 21, 2024 Uncategorized

 

Understanding License Suspension vs. Revocation in New Jersey

Getting your driver’s license taken away is no fun. But in New Jersey, there’s a difference between having your license suspended versus having it completely revoked. Understanding the distinction can help you get your driving privileges back sooner.

License Suspension – A Temporary Time Out

A license suspension is when your license is taken away for a set period of time – like a time out for drivers. The Motor Vehicle Commission (MVC) can suspend your license for things like:

  • Accumulating too many points on your record from traffic violations and accidents. You can get up to 12 points before a suspension kicks in.
  • Failing to pay child support or traffic fines. The MVC will suspend your license until you get caught up on payments.
  • Failing to maintain auto insurance coverage. No insurance? No driving. You’ll need to provide proof of valid coverage to get unsuspended.
  • Refusing a breathalyzer or other chemical test when pulled over for suspected drunk driving. Your license will be suspended for 7 months to a year for a first offense.
  • Getting convicted of certain drug offenses, especially those involving possession in a motor vehicle.

The duration of the suspension depends on the reason and your history. For example, a first-time DUI suspension lasts 7 months, while a third-time DUI leads to a 10 year suspension. Point accumulations under 12 points typically lead to suspensions of 30 to 90 days.

The good news is license suspensions are temporary. If you take care of the underlying issue, like getting insurance again or paying fines, you can get your license back once the term is up. For DUI and some drug convictions, you may need to install an ignition interlock device on your car for a period of time after the suspension ends.

While suspended, you can’t legally drive at all. But you do still hold on to your license. After the suspension is over and you’ve met any reinstatement requirements, you can start driving again like normal. No re-testing needed.

License Revocation – A Permanent Removal

Unlike a suspension, a license revocation means your privilege to drive is terminated. As in, permanently gone. Kaput. Finito. Once revoked, your license is taken away for good.

Some of the reasons for a revoked license in New Jersey include:

  • Three or more DUI convictions. After a third DUI, you can say bye-bye to legal driving for the rest of your life.
  • Vehicular homicide convictions. Whether it’s manslaughter, negligent homicide, or aggravated assault with a vehicle, taking a life with your car means losing your license forever.
  • Leaving the scene of an accident involving injury or death. Fleeing the scene of a serious or fatal crash will cost you your license permanently.
  • Accumulating over 12 points on your record. Rack up enough points for violations and accidents, and eventually the MVC will revoke your driving privileges.
  • Certain types of fraud like loan or license application fraud. Any fraud connected to vehicles or licensing can lead to permanent revocation.

Unlike a suspension, a revoked license is gone for good. To legally drive again, you must apply for a new license and start the testing process all over. And depending on the reason for revocation, you may not be eligible to reapply for 5 years, 10 years, or ever.

So while a suspension is a temporary time-out, think of a revocation as a lifetime ban from driving. The only way to (maybe) get your privileges back is to retrain and retest like a brand new driver.

Suspension vs. Revocation – Know the Difference

Bottom line – a suspended license is taken away temporarily, while a revoked license is gone for good. Knowing which one you’re facing makes a big difference in how to get your driving privileges back.

With a DUI, for example, a first offense leads to a license suspension. But rack up two more DUIs, and that third conviction triggers a permanent revocation. Big difference!

Same goes for points. Get up to 11 points and you’ll face a suspension. But go all the way to 12 points, and your license will be revoked.

See the pattern? Suspensions are like strikes one and two – temporary punishments meant to get you back on track. But strike three with revocation means you’re out for good.

Fighting Back Against Suspensions and Revocations

There are ways to fight against losing your license, whether it’s a suspension or revocation. For suspensions, you may be able to:

  • Appeal the suspension and ask for a hearing. You’ll need evidence on your side.
  • Complete defensive driving courses to reduce points. This can help prevent suspensions.
  • Work out payment plans for fines and fees you’re behind on. As long as you pay, the suspension will lift.
  • Provide proof of valid auto insurance to the MVC. This immediately ends suspensions for no coverage.

If your license was revoked, you have the right to an administrative hearing to appeal. Overturning a revocation is tough, but possible with the right evidence and legal support.

And if it’s due to DUI or points, you may be able to get a restricted license to drive to certain places like work or school. An ignition interlock device will be required.

Don’t Panic – Take Action

The loss of driving privileges is scary. But understanding the difference between a suspended license versus a revoked one helps you know what you’re up against.

If it’s a suspension, take steps to fix the underlying issue so you can legally drive again once the term is up. And if you’re facing permanent revocation, act quickly to appeal or apply for a restricted license.

With the right game plan, you can hopefully get back on the road and put the suspension or revocation behind you for good. Just drive safely – no more chances after strike three!

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