Legal Question in Traffic Law in New Jersey
Can I fight a driving with a suspended license if the suspended license was forfeited when I got a license in a different state?
I received a DWI in NJ in March 2009. After getting it restored and paying my monthly surcharge fee I moved to Texas and got a TX license, forfeiting my NJ license to the TX DMV. I fell behind on a surcharge payment and had my NJ license suspended in May 2012. In July 2012 I made all payments concerning my DWI but never paid to have my NJ license restored. In August 2012 I was pulled over for failing to obey traffic signal and given a driving on a suspended license ticket even though my TX license is valid.
Should I have been given a ticket even my license was valid?
4 Answers from Attorneys
Of you get nj restored, Texas will probably restore as well. Call njmvd and ask for surcharge division and find out what you owe and take care of it. That might be all you have to do.
If you need help, call me at 215-732-4000
Best wishes,
Saul Segan Esq
Www.saulhsegan.com
The point you are missing is the distinction between your drivers license and your driving privilege. It was not your NJ LICENSE that was suspended, it was your NJ DRIVING PRIVILEGE. Your Texas drivers license enabled you to drive in Texas and in any other state where your PRIVILEGE was not suspended. Despite your valid TX drivers license, your PRIVILEGE to drive within the state of NJ had been suspended and was never officially restored. You did not explicitly say, but I assume that the ticket you received in August 2012 was in NJ, and that you have charges pending in a NJ municipal court. You should go to NJ Motor Vehicle Services and pay the NJ restoration fee to restore your NJ driving privilege (assuming that this is all that stands in the way of restoring your NJ driving privilege). Again, you are not restoring your NJ license (you don't have one), you are restoring your NJ driving privilege. Then when you go to court, you will be in a good position to work out a plea bargain. That is because even though you were driving while suspended, you are looked upon more favorably when you walk into court with your privilege restored. It is likely that the prosecutor will agree to amend the charges to something less serious. You might consider retaining an attorney for assistance.
Pay the restoration fee for your NJ driving privileges, bring the receipt to court, show it to the prosecutor, and he will probably amend the summons to something smaller that driving while suspended.
Mr. Walters has covered the issue quite well. Contact or visit a N J Motor vehicle Office and find out what you need to do to have your N J driving Privileges restored. This will help you when you appear in Court to answer the summons, good luck
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