10-11-07 A-6508-05T3
We concluded that the trial court took too restrictive a
view of the court's discretion, under N.J.S.A. 2C:35-16a, to
grant defendant a hardship exception from the requirement that
his driver's license be suspended due to his conviction for drug
offenses. In remanding for a new hearing on the exception
issue, we provided guidance as to the proper procedures for
conducting the hearing. Defense counsel should present his
client's application through formal witness testimony, and the
State's opposition should likewise be presented through
testimony rather than representations of counsel. (*Approved for
Publication date)
