Driving With Suspended or Revoked License in NJ
In the state of New Jersey, driving with a suspended or revoked license is a serious traffic violation. It is punishable under the N.J.S.A 39:3-40 of New Jersey statutes that bars all persons who have been refused licenses or whose driving privileges have been cut off for a period (or permanently) for any reason, from personally operating any motor vehicle for the period in which they have no such privileges.
NJ Penalties for Driving on a Suspended or Revoked License
The New Jersey penalties for driving on suspended/revoked license are outlined as follows:
- The penalties for a first-time offender under this law are additional license suspension for six months and a $500 fine.
- Second-time offenders risk fines of up to $750, license suspension for a further six months, and imprisonment for one to five days as the judge sees fit.
- Third-time offenders risk even more severe penalties that include a $1,000 fine, license suspension for a further six months, and an imprisonment term for ten days.
Driving With a Suspended or Revoked License
There are circumstances that can increase the gravity of penalties, and those are as follows:
- If the offender was also involved in an accident that resulted in bodily injury to another person, this gains a mandatory jail time of 45 to 180 days, at the judge’s discretion.
- If the person’s driver’s license was suspended for driving without insurance according to part 39:6B-2, there is an additional penalty of $500, further license suspension for one to two additional years, and up to 90 days in county jail.
- If the license was suspended following a DUI/DWI charge or Refusal to Submit to a Breathalyzer test under part 39:4-50.4a, additional penalties include a further $500 fine, additional license suspension for one to two years, and incarceration for up to 90 days, depending on the severity of both charges. Also, vehicle registration privileges are suspended.
- If the offense occurred on school property or near designated school crossings, near non-designated school crossings but proximal to juveniles, or within a 1,000-foot radius of school property, additional penalties include a further $500 fine, one to two years further suspension, and mandatory jail time of 60 to 90 days (first offenders), 120 to 150 days (second offenders) or 180 days (third-time offenders).
- If the person was guilty of a repeat offense for this violation and the offense also involved a moving violation that results in driving record points, an additional ten days imprisonment will be added to the period stated above.
In addition, the statute includes penalties for persons who lease or lend their motor vehicles to drivers who have suspended driver’s licenses. However, the state must prove that this person knew that the operator’s license was suspended for either Refusal to Submit to a Breathalyzer or for a DWI. Alternatively, the prosecution needs to prove that the owner was aware that the operator had a previous conviction for driving while suspended in the last five years.
Driving While Suspended Defense Attorney
If you seek legal counsel before the suspension is due to take effect and you have cited valid reasons against the suspension, the DMV will stay the suspension pending a hearing and conclusion of the matter.
Many residents of New Jersey think they have no choice when facing an impending suspension, but this isn’t true. It’s important to do everything in your power to maintain your driving privileges, and here at The Law Office of Benjamin Friedman, we are committed to doing just that.
Also, if you are not satisfied with the verdict given by the hearing officer, you can reject the decision, at which point we will seek an audience with the judges at an administrative law hearing. Our law firm has experience in presenting cases before such hearings, and we can help you increase your chances of getting a favorable outcome.
If you or your loved one is facing charges under this New Jersey statute of driving while suspended or revoked a license, it is imperative that you look for legal counsel as soon as possible. Contact The Law Office of Benjamin Friedman to set up your initial and free case evaluation consultation with our experienced New Jersey attorney. Our office is located in Marlton, New Jersey.