Legal Question in Traffic Law in New Jersey

Fatal Accident & Drivers License Suspension

My 21 year old daughter was driving in NJ with her 16 year old sister in June 2004. She went thru a light & was hit by a car. Her sister died in the accident. The people in the other car had little or no injuries. My daughter received a ticket for going thru the light & pleaded guilty. No other charges were filed. My daughter Amy is obviously depressed & feels tremendously guilty for losing her sister. She is trying to get her life back together & is attending Ramapo College in NJ. She drives daily from NY to school in NJ and then to work in NY. Now a full year later, the NJ Motor Vehicle Commission, Fatal Accident Unit has informed her that they are are suspending her license for 18 months because there was a fatality (her sister)in an accident she was found guily of. At the court in June 2004, the judge never mentioned this possibility. The only penalty was 2 points on her license. This suspension now, a full year later, is totally unexpected and will destroy her ability to complete college. The victin was her sister & Amy has to live with it every day. She has suffered enough. What are my options? Can the NJ MVC do this eventhough Amy was only found guilty of a 2 point violation? Can it be done after a full year passed?


Asked on 6/16/05, 1:54 pm

4 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Fatal Accident & Drivers License Suspension

An appeal should be filed immediately.

Gary Moore, Esquire

Hackensack, New Jersey

www.dwitrials.com

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Answered on 6/17/05, 8:49 am
John Ducey Law Offices of John G. Ducey, PC

Re: Fatal Accident & Drivers License Suspension

You should retain an attorney to represent your daughter. Unfortunately the MVC can suspend a license when a fatality is involved. With an attorney it is possible to have the suspension reduced but I know from experience it will not totally go away. If you would like to discuss this matter further please call me at 732-286-2170.

John Ducey

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Answered on 6/16/05, 6:12 pm
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Fatal Accident & Drivers License Suspension

I am so very sorry for your daughter and your family. There are a number of angles to consider here - one is trying to re-open the original case if there was any defense to the charges. The next is to attend a license suspension hearing and argue that the suspension, and/or its length are unfair. I offer free consultations and would be happy to speak with you about the possibilities. Feel free to contact me at your convenience.

Daniel B. Kelley

(856)616-8080

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Answered on 6/17/05, 4:50 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Fatal Accident & Drivers License Suspension

Please accept my condolences for the terrible loss of your daughter. I have a 16 year old daughter also and I can't even begin to imagine what you must have gone through.

Regarding your 21 year old daughter, I have to assume that she did not have a lawyer when she went to court. I would never have let her plead guilty in a case like this. Your current option is to request a hearing at the NJ DMV. The instructions and deadlines for doing this should be listed in the letter suspending her license. Once you request a hearing you should hire a lawyer to argue her case for her at DMV in Trenton, NJ. There is a possibility of reducing the suspension period. I represented a person at a DMV hearing earlier this month and was able to get a six month suspension reduced to a one month suspension, so there is a possibility to at the very least reduce the penalties she is facing. If you would like ot discuss this matter in more detail please feel free to call me at 908-272-0111. There is never any charge for simply discussing a case with me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 6/17/05, 4:53 am


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