THE DUE PROCESS CLAUSE AND NEW JERSEY’S MOTOR VEHICLE COMMISSION

In the state of New Jersey, the Motor Vehicle Commission (Commission) has the discretionary authority to immediately suspend the driver’s license of a person who has caused a fatality while driving where certain traffic offenses are involved. Those offenses include: (1) speeding in excess of 20 m.p.h. above the posted limit; (2) drunk driving; (3) reckless driving; and, (4) leaving the scene of an accident. A new bill that is working its way through the legislature would expand those violations to circumstances where death results from an accident where the driver has a special learner’s permit, or a provisional driver’s license that limits the hours of operation or the number of passengers in the driver’s vehicle, as well as a violation of a condition placed on the driver’s license. This new bill would also make it mandatory for the Commission to suspend a driver’s license under these special circumstances. Notably, the Commission can suspend a driver’s license without notice to the licensed driver. There is a process in the statute, however, where a driver whose license has been suspended under this new statute can request a plenary hearing to upset the decision of the Commission.

This procedure seriously offends traditional notions of Due Process which requires, at the very least, notice and an opportunity to be heard. Hopefully, someone will test the validity of this bill if it ever becomes law.