Legal Question in Traffic Law in New Jersey
Suspended without notice
My license was suspended by child support agency with out notice to me. I was subsequently pulled over and ticketed for driving while suspended. I have worked out the miss understanding with the child support agency and got my license reinstated but now have to go to court regarding the ticket.
Do I have a plausible defense in lack of notice and do I have to prove it or do they have to prove I was notified?
2 Answers from Attorneys
Re: Suspended without notice
The burden is with the state to prove their case. You do have a plausible defense and you mention a "misunderstanding" which may be the basis for a motion, depending on the circumstances. If you wish to discuss the matter further, call me tomorrow at 732-286-2170.
John
Re: Suspended without notice
If the suspension was issued by the Division o Motor Vehicles for something like non-payment of a surcharge, then written notice must be given to you. If the suspension is court ordered due to a violation of a previously entered court order (like for child support), you do not necessarily always get nor does the state need to give you written notice. Nevertheless, you may still have a defense and the state has the burden of proving the case against you. A review of the evidence will show whether the state can prove their case against you. Even if they can prove their case, if you have an attorney the prosecutor may still be willing to amend the charge to something lesser simply out of professional courtesy to your lawyer. I am an attorney who has handled many cases similar to yours in the past in various courts in New Jersey. Please call me at 1-908-272-0111 to discuss your case and to see what I can do to help you out of this situation. 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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