No More License Suspensions for Missing Municipal Court

Municipal Courts in NJ Can No Longer Suspend Your Driving Privileges for Missing Your Court Date

Article Written by Nathan J. Mammarella, Esq.

For years, defendants in municipal courts who missed court were subject to having their driver’s license suspended.   The Court could issue a Failure to Appear and suspend the person’s driver’s license. If the person was caught driving, they would be issued a ticket for Driving While License Suspended, in violation of N.J.S.A. 39:3-40.   The penalties for a first offense Driving While License Suspended comes with a $500.00 fine and an additional driver’s license suspension of up to six (6) months.  It would also require the defendant to pay a $100.00 restoration fee in order to get their driving privileges reinstated.  All of that was on top of whatever case they were dealing with in the Municipal Court.  

All of that has now changed.  On January 1, 2021, the New Jersey Municipal Courts were Ordered by the New Jersey Supreme Court to cease issuing license suspensions when defendant’s fail to appear for Court.  Prior to the Supreme Court’s Order, New Jersey Municipal Courts had two (2) mechanisms to enforce defendants’ appearance in court as scheduled: The Court could issue a Failure to Appear and suspend the litigants motor vehicle privileges, or the Court could issue a bench warrant instructing law enforcement to hold the litigants in jail until their court date. 

Previously, the rationale to suspend driving privileges was to provide an immediate incentive for litigants to show up to Court when ordered.  However, it had an unintended and disproportionate effect on low-income litigants who were not able to obtain transportation.   Those litigants ended up in an unfortunate cycle in which they would miss a court date, have their license suspended, and then be unable to drive to Court or drive to work in order to pay off any fines they may have incurred. 

Recognizing this issue, the legislature repealed N.J.S.A. 2B:12-31, which allowed the courts to suspend motor vehicle privileges in order to ensure attendance at court. The Order issued by the New Jersey Supreme Court amends the court rules themselves to conform with this legislative development. 

While this is extremely beneficial to Municipal Court defendants, the Municipal Courts are now left with the problem of ensuring that litigants attend Court.  Although the Courts may still issue bench warrants for missed court dates, many Judges are unwilling to have a litigant arrested for a missed court date relating to some minor traffic offenses.  The Courts must now determine how to compel attendance without issuing license suspensions.  

The attorneys at Rosenberg Perry & Associates, LLC have defended the accused for nearly two decades and can help you navigate what to do with any missed court dates or Driving While License Suspended tickets.  We will make sure these issues are handled correctly to make the process as painless as possible and also ensure that all of the costs and consequences are keep to a minimum.    

Reach out for help at (609) 216-7400 or contact us online. We’ll do everything we can to help you and we’ll be there for you every step of the way.  We’ve got your back, that’s what we do.