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Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found "not guilty" of all charges.

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Obtaining a “Hardship” Permit to Drive While on a Suspended License

The DMV or local court will most likely decide to either revoke or suspend your driver’s license if you have been convicted of serious driving offenses such as receiving a DUI or many traffic violations within a short period of time. Although this is true, you may still be able to drive with a “hardship license”, which can also be called a limited driving privilege license or a restricted license.

Hardship Licenses and How they Work

When a person’s license is suspended, it can make it extremely difficult for that person to continue their employment or even travel to buy food and other necessities. This is the purpose of a hardship license. It allows people to drive if they meet certain requirements. These requirements include needing to drive to work, get to school or otherwise bring their children to school, receive emergency medical care, or attend drug or alcohol treatment.

Although a hardship license will allow a person to get to any of these required obligations, yet it does not restore a person’s full driving privileges and often will restrict a person’s driving to specific places and times. It is common that some state laws will prohibit some drivers from taking certain routes to their permitted destinations. It is also a common practice for hardship licenses to only allow for specific driving hours based around that persons required destinations.

Oftentimes different states will have different requirements a person must meet in order to be eligible for a hardship license. In most cases, a person’s past driving record, type of license prior to it being suspended, as well as the reason behind why the license was suspended in the first place determine whether or not someone may be eligible for a hardship license. It is also normal for a person to have gone through a hard suspension before becoming eligible for a hardship license, meaning that during that time, the person could not drive entirely.

As requirements for receiving a hardship license vary by state, the process by which someone may obtain one vary as well. A person may be required to attend a court hearing in which a judge will determine whether or not a person will receive a hardship license and if so, what restrictions will be placed on it. Most commonly, the process begins with submitting an application at the DMV. Specifically, a judge may require the installation of an ignition interlock device if a person has been convicted of a DUI.

Getting Legal Help

Receiving a hardship license is not an easy task and requires detailed knowledge of specific state laws and requirements. It may be in your best interest to contact a knowledgeable New Jersey attorney who is familiar with the requirements needed to acquire a hardship license. Contact John W. Tumelty today so that we can get started on your application and help you navigate the law and find the best option for you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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