Legal Question in Traffic Law in New Jersey

NJ violating their own rules?

In 2005 I resided in NJ, received a parking ticket. It was not paid. In Feb 2006 I turned in my NJ license to Pa and received a valid Pa license. Last week I was driving in NJ and a box fell from my truck and when I stopped an officer stopped also, asked for my documents and cited me for driving under suspension, made someone come for me to drive my car out of NJ, and said he couldn't detain me as I had a valid Pa license but my NJ one was suspended.

Finally got the answer. In 2006 NJ suspended a license I no longer had due to the $25 NJ unpaid parking ticket. I received no notice and had no idea my NJ license, which I no longer had, was suspended.

I researched the NJ DMV and found the Non Resident Violator Compact which allows NJ to suspend a license for an infraction by an out of NJ resident with the NOTABLE exception of parking violations. This WAS a NJ ticket. Even so,can they suspend the NJ license that no longer exists and can they do it for the parking ticket which, by their own law, is an exception?

I had to pay the ticket,now $73, pay $100 to have my NJ license restored (though I no longer want or need it) and now have to go to court for driving under suspension when I hold a valid Pa license.

Thanks, I'm confused.


Asked on 12/02/06, 12:26 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: NJ violating their own rules?

You are focused on the right of New Jersey to ask another state to suspend the license of one of its drivers due to a violation in New Jersey.

What you should focus on is the right of New Jersey to suspend your right to drive in New Jersey whether you are licensed in New Jersey or elsewhere.

The right of someone licensed in another state to

drive in New Jersey is based on New Jersey granting reciprocity to drivers licensed in other states in exchange for other states granting reciprocity for New Jersey to drive in other states. When you fail to pay for or appear in court on a parking ticket the right to drive in New Jersey whether or not your are licensed in another state can be suspended by New Jersey

suspending your New Jersey and/or reciprocal right to drive in New Jersey.

Your suspension in New Jersey was pursuant to the

Traffic Adjudication Act which permits a suspension without giving notice because on the back of the standardized traffic summons issued in all of New Jersey notice is given that the failure to pay for the ticket or to appear on court on same will result in a suspension.

When you go to Court advise the prosecutor of the reason for the suspension of your privilege to drive in New Jersey and he will agree to allow you to plead guilty to be b section of the

statute which has no license suspension penalty and a much smaller fine.

Pay your parking tickets and they will not come back to haunt you.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/02/06, 1:46 pm


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