New Jersey's system for suspension of drivers' licenses had come under increasing criticism as a barrier to employment, recovery and rehabilitation for New Jersey's citizens. The system also negatively affected New Jersey businesses by removing qualified workers from the workforce and forcing current employees to leave jobs due to lack of transportation.

New Jersey law mandated that all persons convicted of drug offenses, no matter how minor, and even though unrelated to driving or driver safety, must lose their drivers' licenses for a period of 6 to 24 months, in addition to any other penalty imposed. The courts had no discretion to allow for "hardship exceptions." While the suspension of drivers' licenses for unsafe driving is a valid sanction to protect the public and keep our roads safe, most of New Jersey's license suspensions are imposed for conduct other than unsafe driving.

In 2005, more than 20,000 New Jerseyans had their licenses suspended under this harsh and counterproductive law. While this law had no proven deterrent value, it had created severe hardships for individuals seeking to maintain employment and stable living situations. And these hardships fell disproportionately on New Jersey's most vulnerable citizens. A survey of Newark workforce training programs found that as many as 80% of participants were unable to get jobs due to license suspensions. Suspension of drivers’ licenses could thus doom individuals to failure by denying them the ability to maintain employment, access drug treatment, and otherwise maintain stable lives.

Most states allowed some form of discretion in imposing license suspensions or some other mechanism for "hardship exceptions." New Jersey remained in a minority in allowing no exceptions.

In its first official recommendation, the New Jersey Commission to Review Criminal Sentencing endorsed Assembly Bill No. 878 and sent letters to the legislature expressing its support. Drug Policy Alliance New Jersey moved quickly after this to get additional endorsements for the legislation and to get legislative sponsorship for a Senate companion bill. The Newark Star-Ledger and the Press of Atlantic City editorialized in favor of the legislation.

On January 9, 2006 the New Jersey Senate and Assembly passed this important legislation.  Governor Richard Codey signed the legislation shortly after. The passage of Assembly Bill No. 878 and Senate Bill No. 2517 will allow judges to make hardship exceptions for individuals convicted of drug offenses who need to retain their licenses in order to maintain employment, attend job training classes or drug treatment programs, or otherwise remain productive members of society.