Interviewer: That’s important. In these kinds of cases, does a person have to go to court, or can you go to court for them?
The More Serious the Offense, the Greater the Likelihood You Must Appear in Court, with your Attorney
Ron Mondello: The more serious the offense, the requirement is that the individual be there. Driving while suspended, driving while intoxicated, possession of marijuana, all of those offenses require, for the most part, that the defendant be there.
As the offenses become less serious, such as the minor traffic offenses, like a four-point speeding ticket or the four-point improper passing, depending on the defendant’s circumstances, you may not have to go to court.
Whenever Possible, Attorney Mondello will appear in Court on His Client’s Behalf
There are some judges that, unless you are out of state, require that you must appear in court. There are other judges, quite frankly, that will accept a plea by affidavit, which my office prepares, so that I can take care of the case without you ever being there.
Hearings at the Motor Vehicle Commission to Contest a License Suspension
Interviewer: Do you have any other advice for drivers concerning traffic-related offenses?
Never Ignore Paperwork Received by the New Jersey Motor Vehicle Commission
Ron Mondello: One thing that comes to mind is that if a New Jersey driver receives some type of scheduled suspension from the New Jersey Motor Vehicle Commission, they shouldn’t just throw it away. Most people do, and if you ignore these scheduled suspensions, your license automatically will be suspended.
If You Act Promptly and Hire an Attorney, You May Avoid the Suspension While Your Hearing Is Pending
If they hire an attorney to send the letter to the Motor Vehicle Commission and outline why they believe their license shouldn’t be suspended, and ask for a hearing date, their license will not be suspended. They will get what’s known as a hearing, in front of an officer from the Motor Vehicle Commission, typically in Trenton.
This is how everyone should react to a suspension notice, because a) your license won’t be suspended immediately, and then b) during the interview, more often than not, you can petition the hearing officer to reduce the suspension. I’ve had 360 day suspension reduced to only 20 days.