Legal Question in Civil Litigation in New Jersey

Suspended Licence Issues

RE: Complaint-Summons #334-SP2-330919

I am a former resident of NJ and currently a resident of CA. I will not be able to appear in court on 02/04/05. However, I would like to have this matter resolved and ask for you to review my situation and provide instructions as to how I can accomplish this.

In the summer of 2002 I plead guilty to driving with a suspended license due to non payment of a parking violation and explained that I fell under the guidelines of 39:3-40(i).In 10/2002 I paid my first NJ insurance surcharge. In 01/2003 I moved to California. My NJ license was set to expire in 09/2003.I notified the NJ DMV of my new residence when I received my 2nd bill for the NJ state insurance surcharge due 10/2003. I explained that I was not a resident of NJ,I had a valid CA license (my NJ license was still valid when I acquired the CA license), and that my NJ license was expired. I didn't pay any subsequent insurance surcharges. On 12/26/04, while visiting NJ I was pulled over for speeding (I have submitted payment for this). I gave the officers my valid CA license. They issued 2 summonses, using my expired NJ license number. I feel this suspension is not fair. I am told I need to be present or have counsel for 02/04/05.


Asked on 1/10/05, 1:14 pm

2 Answers from Attorneys

Re: Suspended Licence Issues

I'm sorry, but... NJ DMV, now MVA, but SOB's by any name have you in a catch 22 position. There is nothing a NJ atty can do except try to get DMV to 'cut you a break' and try to reduce the overall fines and penalties as much as possible. Best case scenario is to let you pay the original surcharge, but chances are slim. Technically, you can not avoid a fine or surcharge by changing states, period. Wether you feel this is fair I'm afraind is immaterial. DMV/MVA is a bureacratic money machine for NJ, and they milk a large portion of the states drivers. They can probably get your CA DL suspended if you do not address this NOW!

You have 2 options. 1) work out the 'best deal' you can for yourself, and hope it is less than it would cost to pay an atty to try to try to reduce the payment, or 2) hire an atty to represent you and hope you end up paying a little less.

FIRST, you must check to see if you can handle this without an appearance! If you can not, you may be able to get away with hiring an atty to go to court/DMV to settle this on your behalf.

AFTER calling DMV and the township clerk on the tickets, you can call me if you wish.

I know this 'stinks', but it is what it is, and you must deal with it now. Good luck.

Kevin J. Begley

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Answered on 1/10/05, 1:36 pm
Michael Carroll Michael D. Carroll, L.L.C.

Re: Suspended Licence Issues

The surcharges are not going to go away. You must contact DMV and arrange for a payment schedule. Your court appearance will probably be required. Your privileges in NJ are suspended because you did not pay the surcharges.

You should try to get restored before court. Call me if you have questions. 609-601-9500

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Answered on 1/10/05, 5:16 pm


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