The New Jersey Motor Vehicle Commission is continuing to pursue drivers with multiple drivers’ licenses that were obtained by fraud. Using facial recognition software, the MVC is examining all of the photographs in their computer database. If you used false information to obtain a NJ drivers’ license after your real license was suspended, you will likely receive a notice from the MVC advising you that your licenses (all of them) will be suspended indefinitely until you satisfy the MVC that you are not committing fraud.
Misstatement of Fact to Get a License Issued – Preliminary ID Hearing
If the computer identifies you as having two or more photographs with different license numbers or identification (such as different dates of birth, or different social security numbers) you will receive a notice of suspension. Your attorney should request a hearing, which is essentially an ‘ID Hearing’.
At the hearing you will need to present acceptable proof of legal name, date of birth, valid address, social security number, and legal presence in the US. You will also need to provide testimony regarding the fraud you committed, in essence giving up your right to remain silent. The MVC is essentially interested in establishing that you have a legitimate license, issued to you based upon accurate information. Despite this focus, an important consideration for you and your lawyer to discuss before the ID Hearing is whether you may also face criminal charges as a result of the fraud committed to get the fictitious license.
Contesting a Misstatement of Fact on License Application – Suspension of Driving Privileges
Once the MVC is satisfied that you are properly identified, they will issue another suspension notice, setting a hearing date for you to address misstatement of fact on your license application. At the hearing your license can be suspended for up to two years – per license that you had. There are arguments that an experienced criminal defense lawyer can make to reduce the suspension period, sometimes significantly. Before this hearing, you need to discuss with your attorney the possibility of you also being charged criminally under the NJ criminal code; or, administratively under the NJ motor vehicle code.
If you are confronted with a suspension notice from the MVC, consult immediately with an experienced criminal defense lawyer to determine what your options are. Call Howard Bailey at 973-982-1200 for a free consultation before you make any decisions on how to proceed.
Howard W. Bailey, Esq.
Experienced Criminal Trial Lawyer Defending Your Rights
Specializing in Criminal Defense Throughout New Jersey
24 Commerce Street, Suite 1000
Newark, NJ 07102
973-982-1200
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