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.
Legal Developments
That Affect You
-
Appellate Victory Protects a Former Spouse’s Share of Pension Benefits
Submitted by New Jersey Family Lawyer, Jeffrey Hark. A Successful Family Law Appeal Our firm successfully represented the appellant in a New Jersey family law appeal concerning the division of pension benefits after divorce. On October 20, 2026, the Appellate Division reversed the order under review and sent the matter back to the Family Part for…