In State v. Moran, the New Jersey Supreme Court, for the first time, set forth standards that judges are to use when deciding whether (and how long) to suspend a defendant’s driving privileges under NJSA 39:5-31. This statute authorizes a license suspension for any “willful” violation of Subtitle 1 of Title 39, the state’s motor vehicle code. The court ruled that the motor vehicle code section 39:5-31 applies to situations involving enhanced recklessness, and the court now requires sentencing judge weigh, evaluate and place on the record a number of factors before imposing a license suspension. The mandatory factors are:
In addition to the foregoing, the Court reasoned that comparisons to motor vehicle statutes that impose mandatory license suspensions also may be a useful guide in some cases. It is not necessarily the number of factors that apply but the weight to be attributed to a factor or factors.