N.J.S.A. 2C:35-16a was recently amended, giving judges the discretion of waiving the mandatory driving privilege suspension for all New Jersey convictions.  Before the amendment, residents convicted of any drug related offense faced a mandatory license suspension of 6 months to 2 years.  To waive the suspension, a judge must find “compelling circumstances” warranting an exception.  The amendment defines compelling circumstances as a situation where “the forfeiture of the person's right to operate a motor vehicle over the highways of this State will result in extreme hardship and alternative means of transportation are not available.” 

            Under the old statute, every person convicted of drug offenses had their licenses suspended for at least 6 months, regardless of circumstances.  The current statute makes an exception for people who would face extreme hardships as a result of losing their license.  Although the new exception is discretionary and in the hands of the judge adjudicating the case, persons seriously affected now at least have the possibility of keeping their licenses.  The exception will allow judges to determine whether particular individuals deserve the exception based on their particular circumstances.