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  1. #1
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    Jun 2009
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    Default Multiple Concurrent and Consecutive Suspensions After Vehicular Homicide

    My question involves a driver's license issued by the State of: NJ

    My issue is where my license was taken for 9 years and I feel I was unjustly punished via TWO separate suspensions for the same act, fatal accident/vehicular homicide. I think there may be a loophole because one suspension is court ordered and one is DMV ordered. I would like a consult whether the administrative/DMV appeal is still plausible 4.5 years after the fact.

    Brief Timeline:

    July 4,2004 – Committed act for eventual Death By Auto Conviction
    September 2004 – 1470 day DMV suspension started
    January 2005 – sentenced to 5 w/85% NJDOC Custody
    January 2005 – 1800 day court suspension started
    January 2005 – 210 day court suspension started

    License Suspensions:

    1470 days - DMV ordered for “Fatal Accident” (By authority of NJSA 39:5-30, basically if you commit two major violations within 3 years they have the authority to suspend)

    1800 days - COURT ordered for "Death By Auto" 2C:11-5 (suspension started 1/14/05 and not after release from custody, which is technically illegal and to my benefit, but clearly written on my J.O.C. because the NJ Administrative code clearly states that for offense 2C:11-5, any court ordered suspension is by law supposed to start on the day of release from custody)

    210 days - operating under the influence

    All have been run consecutively according to the NJ MVC. This is not the norm (3-5 years on average) for the 10-15 people I have met over the years charged with 2C:11-5 and I feel there was an error that can be rescinded/appealed. I am personally in contact with 4 other people previously charged with 2c:11-5 and no later than 8 months after release from prison everyone has their licenses back. These people are getting their licenses back a few months after they complete their N.E.R.A. 85% NJDOC custody sentences.

    My criminal defense lawyer instructed me to consult the best DMV lawyer in the state upon release from prison and deal with it AFTERWARDS because there clearly was a screw up…I suppose he didn’t care about the appeal windows?

    Somebody PLEASE help regarding whether the law is that they are supposed to be CONSECUTIVE or CONCURRENT, because according to my paperwork I should have it back 5 years after court suspension because the other suspensions are done now! I cannot find any help anywhere. I have law students currently researching for me but there is not much out there!

  2. #2
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    Default Re: Multiple Concurrent and Consecutive Suspensions After Vehicular Homicide

    It's very common for states to impose both criminal and administrative license sanctions arising from the same incident.
    Quote Quoting christian.kleban
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    My criminal defense lawyer instructed me to consult the best DMV lawyer in the state upon release from prison and deal with it AFTERWARDS because there clearly was a screw up…I suppose he didn’t care about the appeal windows?
    Is that what the "best DMV lawyer in the state" told you? That you've missed the window for appeal? From what I can see, you would have to convince the sentencing court to revisit your criminal penalty and make that penalty concurrent with the administrative penalty, but I never like the odds of trying to get a court to change its sentence, let alone after this much time (and there may be other ways). It's really something you should be discussing with that expert lawyer.

  3. #3
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    Default Re: Multiple Concurrent and Consecutive Suspensions After Vehicular Homicide

    Am I missing something here?

    Quote Quoting christian.kleban
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    I would like a consult whether the administrative/DMV appeal is still plausible 4.5 years after the fact.
    .......
    September 2004 – 1470 day DMV suspension started
    Whether it is plausible or not, that order of suspension, and by my calculation, has been satisfied sometime during September of 2008, has it not?

    If so, what difference does it make now if it is plausible or not?

    Quote Quoting christian.kleban
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    January 2005 – 1800 day court suspension started
    January 2005 – 210 day court suspension started
    ... the NJ Administrative code clearly states that for offense 2C:11-5, any court ordered suspension is by law supposed to start on the day of release from custody)
    And let's assume that the court were to grant you a hearing to review the order of suspension... At which point, they might discover... "Oops, we made a mistake. Your court ordered suspension is supposed to start on the day of your release... Reset the clock... the count starts from you release date!"

    So instead of having an 1800 day court order of suspension that is lifted some time in December of 2009 (or sometime in July of 2010 if you assume that the 1800 days and 210 days are running consecutively instead of concurrently), now you have to count 1800 days from your release date for concurrent sentences (or 1800 days + 210 days for consecutive sentences).

  4. #4
    Join Date
    Jun 2009
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    Default Re: Multiple Concurrent and Consecutive Suspensions After Vehicular Homicide

    What I would like to have removed is the 1470 day suspension, even though it has been fulfilled already. Is it true that the state cannot reinstate my suspension to start AFTER release unless I reopen the CRIMINAL case?

    I cannot reopen the case because they will absolutely find their error and screw me even more.

    My problem is with the NJMVC and the fact that they ran two consecutive sentences for the same act. Is this illegal, or violating the principles of comity and res judicata? "Double Jeopardy"?

    I really don't know where to go with this and I am pursuing it only because other parolees I know with the same exact charge have not lost their licenses for nearly as long as I did. Thanks

  5. #5
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    Default Re: Multiple Concurrent and Consecutive Suspensions After Vehicular Homicide

    Quote Quoting christian.kleban
    View Post
    What I would like to have removed is the 1470 day suspension, even though it has been fulfilled already. Is it true that the state cannot reinstate my suspension to start AFTER release unless I reopen the CRIMINAL case?
    I wish I could answer that part for you but I won't and only because I am not familiar with NJ law... My entire argument was mathematically based.

    Quote Quoting christian.kleban
    View Post
    My problem is with the NJMVC and the fact that they ran two consecutive sentences for the same act. Is this illegal, or violating the principles of comity and res judicata? "Double Jeopardy"?
    I highly doubt that Double Jeopardy applies in this case. Both suspensions were based upon the one court proceeding however, they were both set by two authorities that issued those suspension orders pursuant to NJ statutes... Otherewise you'd have a legitimate argument!

    Quote Quoting christian.kleban
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    I really don't know where to go with this and I am pursuing it only because other parolees I know with the same exact charge have not lost their licenses for nearly as long as I did. Thanks
    While you may have been charged with the same offense, the elements which led to your charge may be different than those that lead to the other people having a lighter sentence. Such elements are usually the reason why we go through trials and why judges are allowed some discretion as part of their ability to issue a sentence.

  6. #6
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    Default Re: Multiple Concurrent and Consecutive Suspensions After Vehicular Homicide

    Double jeopardy does NOT apply.

    You are way out of time to file any appeal.

    You might, just maybe, find an attorney and do a motion to correct the record or to clarify the sentence, perhaps. Not sure exactly what it would be called in your state. There are usually procedures to correct small errors, typos, unintended consequences in sentences and judgments. If you are just trying to pull a fast one, it won't work and no attorney in good standing will help pull a fraud on the court.

    Frankly, I hope you are not on the road anytime soon.

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