If you are convicted of a careless driving ticket (N.J.S. 39:4-97),and/or Reckless Driving ticket (N.J.S. 39:4-96) and/or speeding ticket (N.J.S. 39:4-98) can the NJ Municipal Judge suspend your New Jersey driver’s privileges? Yes, but under certain conditions.
The law that empowers a Municipal Court Judge in the State of New Jersey to suspend a motorist’s driver’s privileges for traffic offenses is N.J.S.A. 39:5-31.
According to N.J.S.A. 39:5-31, a Municipal Court Judge can suspend a motorist’s driving privileges if that Judge finds that the motorist committed a traffic offense that the Court deems “willful.” Moreover, a plain reading of N.J.S.A. 39:5-31 indicates that the municipal Judge has unfettered rights in suspending a motorist’s driver’s privileges. In that, N.J.S.A. 39:5-31 does not have any time constraints that limit a Judge’s power in suspending motorist’s driving privileges. Theoretically, if a Judge finds a defendant motorist committed a traffic offense AND finds the commission of such traffic offense was a willful act then that Judge can theoretically suspend that motorist right to drive for years.
If you have been issued a traffic ticket and need advice to determine if a Municipal Court Judge can suspend your New Jersey driving privileges give Dan T. Matrafajlo a call to discuss your rights and/or defenses.