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.
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
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average) for the 10-15 people I have met over the years charged with 2C:11-5 and I feel there was an error that can be rescinded/appealed.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!