The Top Reasons for a License Suspension Due to Physical or Mental Disqualification
There are many ways a judge or the New Jersey Motor Vehicle Commission (MVC) can suspend your driving privileges. One common reason for the suspension of New Jersey driver’s licenses is a mental or physical disqualification. N.J.S.A. Title 39 authorizes the MVC to suspend or revoke a motorist’s driver’s license and/or registration if he or she demonstrates a physical or mental disqualification.
This article discusses the common physical or mental driving qualifications that can result in the suspension of your driver’s license and how you can fight such a license suspension.
Common Physical or Mental Driving Disqualifications
The following impairments often lead to an indefinite suspension of an individual’s driving privileges by the New Jersey Motor Vehicle Commission:
- Visual impairment
- Loss of memory or memory lapses
- Impaired or altered consciousness
- Alzheimer’s or dementia
- Neurological conditions, such as seizures or disorders leading to blackouts
- Sleep apnea (commonly referred to as sleep disorders)
There are various ways the MVC can become aware of such impairments, leading to their decisions to suspend an individual’s driver’s license. Most often the suspension could have resulted from a report provided to the MVC.
Under New Jersey law, physicians are required to report patients to MVC if they have certain serious medical conditions, such as seizures, periods of unconsciousness or the impairment or loss of motor skills. The reports may also be provided to the MVC by law enforcement and family members and friends who are concerned about their safety of their loved ones behind the wheels.
How To Fight a License Suspension Based on Physical or Mental Disqualification
If you received a scheduled suspension based on a physical or mental disqualification, you have the opportunity to request a suspension hearing. Although you are not required to have an attorney present at this hearing, it is best to do because lack of experience may result in the loss of your driver’s license.
Once you have requested a hearing, the MVC will review your request and make a determination as to whether you have presented sufficient facts to warrant granting a hearing. If the New Jersey Motor Vehicle Commission grants your request, you will be assigned a date at the MVC’s regional location to present your case. If your hearing does not resolve in your favor, meaning that you do not win your case in proving that your driver’s license should not be suspended based on mental or physical disqualifications, you will be able to appeal the unfavorable decision. All decisions can be appealed to the State of New Jersey Appellate Division.
Hire an Attorney Before It is Too Late
If you or a loved one has received a notice of suspension of your driver’s license based on a physical or mental disqualification, it is best to immediately consult with an experienced attorney to help avoid a suspension.