How Can I Get A Hardship License In New Jersey After Having My License Suspended In Georgia

12/01/2008 - Category:Drivers License - Drivers Hardship License Law - State: NJ #14731

Full Question:

I just returned to New Jersey from Georgia where I lived for the past 25 years. While there, I managed to get my drivers license suspended for 5 years due to 3 drug possessions within a certain time frame. That suspension is over April 21, 2011. I passed the written test (because my Jersey license expired), paid off some old tickets on my Jersey license from the 80's, and paid the restoration fee. How can I get a Jersey license? Can I get a hardship license on the Georgia license that New Jersey would honor, do I get a hardship license here, or do I transfer Georgia? There must be some way to get, at minimum, a license so I can get back and forth to work.

Answer:

Even though you are a New Jersey driver, you can still acquire points and penalties for violations committed in other states. New Jersey is a member of two compacts that enforce this policy.

The Driver License Compact

* Consists of 45 states and the District of Columbia. States not included are Georgia, Massachusetts, Michigan, Tennessee and Wisconsin
* Members in this compact exchange all violation information. Out-of-state moving violations are worth two points. For example, if you receive a speeding ticket in Florida, you will get two points on your New Jersey driving record for that violation

The Nonresident Violator Compact

* Consists of 44 states and the District of Columbia. States not included are Alaska, California, Michigan, Montana, Oregon and Wisconsin
* Assures nonresident motorists the same rights and privileges as residents
* Nonresident drivers have due process protection and cannot be detained out-of-state
* Requires drivers to fulfill the terms of traffic citations received in member states or face the possibility of license suspension in their home state
* Does not apply to parking or standing violations, highway weight limit violations and violations of Hazmat transportation laws

In Georgia, upon a third conviction of a drug offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person´s license shall be suspended for a period of five years. At the end of two years, the person may apply to the department for a three-year driving permit upon compliance with the following conditions:

(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the department;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he or she is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner.


Please see the information at the following links:

http://definitions.uslegal.com/c/criminal-law-and-procedure-drivers-hardship/
http://lawdigest.uslegal.com/drivers-hardship-license-law/general/

12/01/2008 - Category: Drivers Hardship License Law - State: NJ #14731

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