Wednesday, May 12, 2010

Revoked List: Law Repealed

Effective January 16, 2010, the legislature has repealed the provision of N.J.S.A. 39:40(g) which required a fine of $3,000 to be paid to the Motor Vehicle Commission when the underlying reason for the defendant's license suspension came from a failure to pay timely insurance surcharges.

This sentencing enhancement was imposed in addition to all other penalties and was collected by the MVC.  The penalty was automatically reduced to a judgment against the defendant until paid in full.

Defendants who were assessed this fine since January 16th of this year should make an application for sentence reconsideration pursuant to New Jersey Court Rule 7:9-4.

What does this mean?

Previously, if you were found guilty of or plead guilty to driving while suspended, and the suspension had occurred because you owed insurance surcharges, you were automatically assessed this extra $3,000 penalty.  That part of the law has been repealed, so any instances of this after January 16, 2010, should be altered to comport with the statute as it now reads.

It won't be automatically reversed, so you need to make an application to the court.  Be sure to contact your attorney for help.

Also, follow up with the Motor Vehicle Commission and the credit reporting bureaus to ensure that the judgment will not show up on your credit history.

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