NEW JERSEY CRIMINAL LAWYERS

NJ LICENSE SUSPENSION FOR DRUG OFFENSES

Avoid Mandatory Drivers License Suspension for New Jersey Drug Charges with Todd Spodek’s Law Firm

Have you been charged with a drug-related offense in New Jersey and are worrying about losing your valuable driver’s license? You are not alone because a lot of people who decide to handle drug cases themselves end up suffering the consequences of losing their driving privileges for at least six months or more. However, it is possible to avoid this undesired outcome with the help of Todd Spodek’s Law Firm.

Our seasoned attorneys can guide you through the hectic process and provide assistance to circumvent a revocation of your driving privilege. Do not hesitate! Contact us today at 212-300-5196, and we will offer you a free initial consultation that will hopefully convince you that we are the right team for you.

Mandatory Suspension for Drug Offense – N.J.S.A. 2C:35-16

Once convicted or adjudicated delinquent for an offense under Title 35 or 36, N.J.S.A. 2C:35-16 carries a motor vehicle license suspension. This particularly happens when “a person is found guilty of or adjudicated delinquent for a violation of any offense defined in this chapter or chapter 36 of this title immediately forfeits his right to operate a motor vehicle over the highways of this State” (New Jersey Statutes Annotated section 2C:35-16). However, there is hope because the court may find compelling circumstances warranting an exception as stated by the law itself:

N.J.S.A. 2C:35-16 requires persons convicted “of any offense defined” within Title 35 or Chapter 36 “shall forthwith forfeit his right to operate a motor vehicle over the highways of this state,” but permits courts to waive those suspensions “on compelling circumstances.” Courts must also review evidence submitted by defendants related to alternative transportation access and the severity of hardships caused by potential suspensions.

Term of Forfeiture

The suspension duration for operating a motor vehicle ranges from six months to two years under N.J.S.A. 2C:35-16. It is crucial to note that the license forfeiture period is separate from the two years that apply to possessing CDS in a motor vehicle.

PTI & Conditional Discharge

Forfeiture of driving privileges is not mandatory when you receive conditional discharge or are admitted into Pretrial Intervention (PTI). In this paragraph, the court has the discretion to suspend, revoke, or postpone your ability to hold a driver’s license and drive. It is comforting and reassuring to know that our attorneys almost always avoid suspension, so there is genuinely hope.

Non-Code Offenses Excluded

This law enforcement tool of seizing someone’s driving rights does not apply to charges falling outside Title 35 or 36. To escape mandatory suspension, we often seek charges downgrade or amendment from drug offenses to loitering in a drug area under N.J.S.A. 2C:33-2.1 because it pardons people with prior drug-related arrests or convictions.

Juveniles

Mandatory drivers’ license suspension also applies to juveniles who are found guilty of a drug offense before they can legally operate a motor vehicle; the revocation period commences when eligible (i.e., turns seventeen). If their privilege was previously suspended, revoked, or postponed, then suspension imposed under N.J.S.A. 2C:35-16 is consecutive (i.e., its validity begins after completion/termination of the previous ones).

Out-of-State Licenses

If you have an out-of-state license but are charged with drug offenses in New Jersey state courts leading to conviction/suspension-fraudulent use/driving then your NJ driving privileges get suspended/imposed motoring penalties in NJ if your suspension is reciprocal.

Todd Spodek’s Law Firm – Your Go-To Legal Team

Do not wait; if facing a drug charge in New Jersey, contact Todd Spodek’s Law Firm now at 212-300-5196. Our attorneys offer guidance that you will need to avoid the suspension of your driving privilege 24/7. Our team of experienced lawyers knows precisely what it takes to build a compelling case to help you obtain the possible outcome in your favor. No more worries, and call us today for a free consultation!