Appellate Division upholds Judges' power to suspend New Jersey driver's license
The Appellate Division in New Jersey this week upheld a law which gives judges the authority to suspend driver's licenses. The court detailed factors to be used in deciding whether or not to suspend a license and urged the legislature in New Jersey to enact guidelines for judges to consider. Defense counsel argued that the law, N.J.S.A. 39:5-31, had been repealed by implication through the Legislature creating the points system in New Jersey in 1952. The Appellate Division rejected this argument.
In this case, the defendant was convicted of reckless driving and her license was suspended 45 days. The statute in question allows judges to revoke a driver's license "when such person shall have been guilty of such willful violation of any of the provisions of this subtitle as shall, in the discretion of the magistrate, justify such revocation". Until the Legislature acts and creates guidelines in this arena, judges should be guided by factors such as the offense's nature and circumstance, the egregiousness of the offense, any harm inflicted on others, the defendant's driving history/record, the likelihood of committing future motor vehicle violations, and the need to deter this type of behavior.
Here, the judge considered the willful violation and the defendant's driving record that, although currently didn't have any motor vehicle points, it included prior traffic offenses such as improper passing, failure to observe a traffic light, speeding, obstructing traffic, and careless driving. Based on these factors, the judge suspended the defendant's driver's license for 45 days. Defense counsel plans to appeal this decision to the New Jersey Supreme Court.
