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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111549
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Good morning, over 15 years ago I had a false CDL driver

Customer Question

Good morning, over 15 years ago I had a false CDL driver license in New York State, that DL expired on July 2004 and NYS suspended on December 2004, I had no idea of that suspension because I thought when DL expired is over. In 2008 I made NJ CDL and now
NJ is charging me with false statement on application which again I had no idea that they can suspend DL after expired. I have a MVC hearing in 3 days, is there any way I can avoid suspension in NJ? I have a family with two teenage kids and I'm the only one
who is working, please help.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only>
I am sorry to say that obtaining a drivers license under false pretenses, whenever it is discovered, is basis for suspension of any license in the future. Even though the license expired, you committed criminal fraud (it is a misdemeanor punishable by up to 12 months in jail in NJ) and fraud may be prosecuted when discovered.
Unfortunately, the only way to avoid the suspension is to prove that you did not intentionally falsify the license application or you can argue that there has been so much time passed that it would not be fair and you are then arguing based in equity, because the law does mandate the suspension I am afraid. In equity you have to argue the fairness of a suspension so long after the fact and you really should have a local NJ attorney representing you in the hearing to significantly increase your chances of success.