Persistent Violator License Suspensions (Accumulation of Points)

Fighting Persistent Violator License Suspensions in New Jersey

Getting too many tickets in New Jersey can lead to your license being suspended as a “persistent violator.” This happens when you rack up 12+ points or get 3+ moving violations within certain time periods. If you reach these thresholds, the MVC sees you as a dangerous driver and will revoke your license. But there are ways to challenge a persistent violator suspension and keep your driving privileges.

What Triggers a Suspension as a Persistent Violator?

The main triggers for a persistent violator suspension in New Jersey 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 offenses like speeding, running red lights, reckless driving, etc. can quickly add up to hit these limits. The MVC keeps track of all your points and convictions, so they’ll know if you cross the line.

How Many Points Lead to Suspension?

12 points in 24 months is the magic number for a suspension notice. Here are some examples of how regular tickets can get you there:

• 6 points for one speeding ticket
• 4 points for a stop sign/light violation
• 2 points for a basic moving violation

With just three or four tickets, you could be looking at a 12+ point total. The MVC sees this pattern as proof you’re an unsafe driver.

How Long Do Points Stay on Your Record?

Points from a ticket drop off your record after 24 months. So if you got 6 points for speeding in January 2020, those points wouldn’t count after January 2022. The MVC only considers current points within the last two years when assessing persistent violator status.

What About the 3 Violations in 3 Years Rule?

Even if you don’t have 12+ points, three moving violations in three years can still trigger a suspension. For example:

• Speeding ticket in January 2021
• Cell phone violation in July 2021
• Failure to observe a traffic signal in March 2022

That’s three moving violations within a 36 month period. The MVC doesn’t care if they’re minor violations – three strikes and you’re out.

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. The MVC sees the pattern of violations as the main issue.

How Long Will My License Be Suspended?

For a first offense, expect a 3 month suspension. But for subsequent offenses, the MVC can suspend your license for up to 2 years. The suspension remains in effect until you complete a NJ driver improvement course and pay a $100 restoration fee. Once you satisfy these requirements, the MVC will 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 suspension would cause extreme hardship related to:

• Employment
• School
• Medical care
• Dependent transport

The MVC rarely grants these licenses, but it’s an option if you truly rely on driving for basic needs. Make sure to be detailed when explaining the hardship you’ll face without a license.

How Do Suspensions Affect Insurance Rates?

Expect your auto insurance rates to skyrocket after a persistent violator suspension. Most insurers see you as a high-risk driver after multiple violations and suspension. You may have trouble finding affordable coverage. Make sure to fully disclose your record to any potential insurer.

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 like DUI, leaving the scene of an accident, street racing, and using a vehicle for criminal activity can lead to permanent revocation. But most suspended drivers do eventually get their licenses back. You’d need a long pattern of dangerous behavior to lose privileges forever.

How Can I Avoid a Persistent Violator Suspension?

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

• Obey all posted speed limits
• Allow extra travel time
• 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. Drive safely, don’t rack up points, and consult a traffic lawyer if you’re concerned about saving your license.

Fighting a Persistent Violator Suspension

If you’ve received a suspension notice for being a persistent violator, don’t panic. Getting your license taken away will severely impact your life and livelihood. But a skilled New Jersey traffic lawyer can help fight the suspension on your behalf.

Here are some of the ways an attorney can assist with your case:

• Review the MVC’s point totals – Confirm that the number of points and convictions leading to your suspension are accurate. Administrative mistakes are common and lawyers can catch errors.
• Negotiate ticket reductions – Work with prosecutors to potentially plea bargain tickets down to non-moving violations. This removes points and helps get under the suspension limits.
• Request an MVC hearing – File paperwork and advocate on your behalf for an administrative hearing. Present defenses and arguments to convince the MVC not to suspend your license.
• Apply for a hardship license – Petition the MVC for a restricted use license if the suspension will cause undue hardship. Gather evidence to prove your need to drive for basic life functions.
• Develop a long-term strategy – Create a plan for keeping your license going forward. This may involve defensive driving courses, license monitoring services, and retaining legal counsel for future tickets.

The MVC won’t simply take away your driving privileges without a fight. But you need an experienced lawyer in your corner. Traffic ticket attorneys have successfully defended countless drivers facing persistent violator suspensions. Don’t go it alone against the MVC – get a professional on your side today.

The Bottom Line

Losing your license for months or years can be devastating. If you’re at risk of a persistent violator suspension, take steps now to protect your driving privileges. Obey traffic laws, avoid points, and fight any unfair tickets. If you do receive a suspension notice, contact a lawyer immediately. An attorney skilled in license defense can make all the difference in keeping you on the road.