In State v. Laura Moran, a decision rendered on July 13, 2010 by the New Jersey Supreme Court, the Court illuminates and adds context to a previously ambiguous law that allows New Jersey municipal court judges to revoke a driver's license for willful driving violations.
New Jersey Statute 39:5-31 gives the municipal court judges the power to revoke a defendant's driver's license for certain willful driving violations. This statute seems to give the court a wide range of power in determining when a defendant's driver's license can be revoked and for how long, especially since the law does not provide any standards or guidelines for making such determinations. This issue was addressed in State v. Laura Moran where the defendant challenged the Aberdeen (Monmouth County) Municipal Court's decision to suspend her driver's license for 45 days based upon willful reckless driving.
The facts of this case involve Moran driving in a left turn only lane and passing two other vehicles in an intersection without making the left turn; in fact, she cut off one of the vehicles, a tractor trailer, while illegally merging into the appropriate lane. The observing officer testified that Moran was uncooperative and refused to provide him with appropriate documentation after pulling her over. Moran also refused to exit the vehicle upon request, and subsequently complied only after backup arrived. She received summonses for reckless driving (N.J.S.A. 39:4-96), improper display of license plate (N.J.S.A. 39:3-33), and obstruction of the windshield (N.J.S.A. 39:3-74). She also had a history of other numerous motor vehicle violations.
During the municipal court trial proceeding, Moran exhibited emotional and disruptive behavior. The trial court decided to suspend Moran's license based on both her "willful and wanton" violation of reckless driving and her "demeanor" in court. Both the New Jersey Superior Court Law Division and the Appellate Division upheld the trial court's sentencing. The case was then appealed to the New Jersey Supreme Court.
The New Jersey Supreme Court determined that the "willful" language in N.J.S.A. 39:5-31, which triggers license suspension, is better described as a deliberate or intentional disregard for lives or property while operating a vehicle. In short, this statute is invoked "only in reckless-driving cases that present aggravating circumstances."
The New Jersey Supreme Court then addressed the lack of standards governing license suspension in an attempt to curtail random and unpredictable sentencing. The Court held that license suspension, as well as the length thereof, should be determined by a trial court after considering several factors. The Court listed seven factors, while still allowing for other reasonable considerations that trial courts may find as relevant factors.
First, courts must consider the nature and circumstances of the defendant's conduct, including the level of risk involved and whether physical harm or property damage resulted. Second, the courts must consider the defendant's age, length of time as a licensed driver, and the number and seriousness of prior infractions. Third, courts must consider the length of time between infractions as well as whether the defendant's driving record indicates he/she is likely to commit another violation. Fourth, courts must consider whether the defendant's attitude indicates that he/she is likely to commit another violation. Fifth, courts must consider whether the defendant's conduct was the result of circumstances unlikely to occur. Sixth, courts must consider whether license suspension would cause excessive hardship to the defendant and/or dependents. Last, courts must consider the need for personal deterrence in order to prevent future violations.
The New Jersey Supreme Court noted that it remains within the trial court's power to determine the weight given to each factor in determining whether to suspend licenses, without abusing its discretion of course. The weight placed on these factors will vary on a case-by-case basis.
Requiring trial courts to state their reasoning for suspending licenses under N.J.S.A. 39:5-31 will strengthen appellate review and protect defendants from arbitrary sentencing. Because of the New Jersey Supreme Court's decision of this case, N.J.S.A. 39:5-31 can no longer be seen as a vague statute giving unbridled discretion to courts.
The Supreme Court reversed the Appellate Division's sentencing decision and remanded the case back down to the municipal court to consider the factors listed in the opinion.
If you have been charged with a serious traffic violation it is important to discuss the seven factors listed above with an experienced criminal defense attorney to determine if the municipal court judge may suspend your driver's license. An experienced criminal defense attorney may be able to argue to the municipal court judge that your facts and circumstances do not warrant a license suspension.
SOURCES
New Jersey Statute 39:5-31
State of New Jersey v. Laura Moran, Supreme Court of New Jersey, A-55-09, decided July 13, 2010.
