I agree with the well-written strong opposition to Senate Bill S-2504 set forth by the Middlesex County Bar Association. This legislation would require the motor vehicle commission (MVC) to immediately suspend the driver’s license of any person who has committed certain traffic violations as a probationary driver or which result in the serious bodily injury of another person.
Under current law, the MVC chief administrator (formerly DMV) is permitted to immediately issue a preliminary suspension of a driver’s license for good cause and without hearing if the person allegedly committed any of the following violations: (1) speeding in excess of 20 miles per hour over the speed limit (2) drunk driving (3) reckless driving, and (4) leaving the scene of an accident. This bill would change this law to make it mandatory for the MVC chief administrator to immediately suspend a person’s license under these circumstances.
The bill would also expand the violations triggering an immediate driver’s license suspension to include driving in violation of a condition of an examination permit, a special learner’s permit, or a provisional driver’s license, including driving with more than the allowed number of passengers or driving during prohibited hours. It is ridiculous to require a mandatory license suspension if your child is driving two neighbors home from soccer practice or driving home from midnight mass.
America and the U.S. Constitution were built on the concept of innocence until proven guilty. To require an immediate suspension of a license — for an indefinite or lengthy period — without a proper exchange of information or where the facts do not demonstrate good cause simply removes the necessary human component to the exercise of the very profound power to remove an individual’s ability to drive a vehicle.
I agree with the Middlesex County bar’s comments that S2504 simply goes too far in removing the discretion from the motor vehicle commission. The mere issuance of an allegation of improper driving or the mere fact that an inexperienced driver is involved in a serious accident should not justify automatic and immediate suspension. Too often the possibility of civil lawsuit seeking damages will motivate the initiation of allegations, which may not ultimately be provable.
The deprivation of a driver’s license impact employment, depend care, education, access to medical care and other significant components to a productive life. Suspension decisions should be left to judges and the MVC after a hearing.
Please contact your senators and request that they vote no on S-2504.
Kenneth Vercammen
North Brunswick