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November 30, 2011

NJ Lawmakers Consider Bill to Provide Suspended Drivers with Restricted License

     Staff Writer

 The New Jersey State Assembly is considering a bill that would allow a person whose driver’s license has been suspended for certain motor vehicle violations to apply for a restricted use license.  The restricted use license would permit the driver to travel to and from work or school if the driver can prove that other transportation is not available, and it would be an extreme hardship on the driver and his dependents if his license is suspended.  In order to prove that no other transportation is available, the driver would have to prove that there is no means of public transportation to his work or school within one mile of his home.

   As the bill is currently drafted, if a driver gets his license suspended for certain violations, he would automatically be ineligible for the restricted license.  These offenses include offenses that involved death or serious bodily injury, exceeding the speed limit by more than 15 miles per hour, reckless driving, driving without motor vehicle liability insurance, illegally passing a school bus, driving while suspended, and accumulating 12 or more motor vehicle points.  A driver would be able to get the restricted use license if his driver’s license is suspended for driving while intoxicated.  Suspended drivers with a restricted license would be able to apply for and obtain the special license, which would be a different color from a regular driver’s license.  The drivers would also be required to place a special placard in the rear view mirror of their vehicle.

   Many other states, including New York and Pennsylvania, have some form of restricted driver’s license available to suspended drivers.  Many think that it is time for New Jersey to pass legislation so that a one-time mistake does not cause otherwise productive members of society to lose their livelihoods.  New Jersey’s DWI laws and other traffic laws that may result in suspended driver’s licenses are some of the most draconian in the country and it would be a net benefit to society to permit people to continue to be able to drive to work or school.  The bill is currently stalled in the State Assembly.

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