Loss of License Penalties for a Drug Conviction

by Frank T. Luciano

For the last twenty years, everyone convicted of a drug-related offense in the state of New Jersey was subject to a mandatory suspension of driving privilege for a period of six to twelve months. ¹ The sentencing court was required to apply this penalty, even if a motor vehicle was not involved in the event. Thus, if you were convicted of possession of a marijuana "roach" located in your bedroom, your driver’s license had to be suspended, irrespective of whether you even owned a motor vehicle.

In this day and age, the consequence of a suspended driver’s license may be catastrophic. In 2006, the legislators finally recognized the financial chaos that generally results from a penalty of this nature and, as a result, a so-called "hardship exception" was added to New Jersey’s Drug Statute.

Under this exception, the court must find that a revocation of the defendant’s driver’s license will result in an "extreme hardship" and that "alternative means of transportation are not available." As to the first prong of this two-part test, the courts have concluded that a loss of employment is an extreme hardship. With respect to the second factual consideration, the defendant should show that public transportation is either not available or, if available, that the carrier’s schedule is not consistent with the defendant’s hours of work.