DRIVING WHILE LICENSE SUSPENDED OR REVOKED
The New Jersey Law of Title 39, Section 3-40 describes this offense as, “driving while license refused, suspended, revoked or prohibited; motor vehicle license revoked; punishment.”
A first offense can place you at risk of enhanced penalties for subsequent offenses.
Operating a motor vehicle while your license is suspended, revoked or prohibited is a serious offense. The offense carries a fine of $500.00. There are additional fines and penalties if your license was originally suspended for a violation of driving while intoxicated. In that event, you may be subject to revocation of motor vehicle registration and registration plates.
For a second offense of driving while on the suspended list, the court can impose a fine of $750.00 and imprisonment in a county jail for not more than five days, along with other possible fines and penalties depending on the circumstances of the offense.
A third conviction of driving while on the suspended list carries a fine of $1,000.00 and imprisonment in a county jail for ten days, with, again, additional possible fines and penalties. In addition, the court shall impose or extend a period of suspension not to exceed six months.
If, while operating a vehicle in violation of Section 39:3-40, an accident results in bodily injury to another person, the statute provides that the court shall impose a period of imprisonment for not less than forty-five days or more than one hundred and eighty days.
In addition to the aforementioned penalty, if your license was suspended or revoked pursuant to a DWI conviction, there are additional fines of $500.00 and suspension of license for an additional period of not less than one year or more than two years. Futher, there is a mandatory imprisonment in the county jail for not less than ten days and not more than ninety days.
If the operation of a motor vehicle while suspended for DWI occurs on school property or within 1,000 feet of such property, or while driving through school crossings, there are additional, substantial fines and mandatory incarceration periods, from sixty days for a first offense up to six months for a third offense.
The charge of operating a motor vehicle when your license is refused, suspended, revoked or prohibited is serious and can result in substantial fines, loss of license and mandatory jail sentencing.
A first offense can place you at risk of enhanced penalties for subsequent offenses. It is absolutely essential that you have an attorney represent your interests so as to protect your presumption of innocence and assist you, as there is discretion in the extent of fines, loss of license and incarceration.
We will diligently and effectively review all discovery pertinent to your case, including Division of Motor Vehicles records if necessary, to best assist you in defending these serious charges.
Municipal Court
