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Driving on a Suspended/Revoked License Defense
New Jersey Criminal Laws on Suspended or Revoked License
Driving on a Suspended License is a commonly charged offense in Jersey, but it can still have serious and inconvenient consequences. I get calls all the time from people who had no idea that their license was under suspension! When you are stopped by the police on a routine traffic stop is a bad time to learn this fact.
It could easily be a paperwork mishap, a change of address, or late payment of a fine that caused your suspension, yet they will still try to hold your responsible.
It makes sense to try to fight these charges to keep your right to drive, and reduce or remove the significant fines you are facing, as well as increases in your insurance costs.
NJ Penalties – Driving on a Suspended or Revoked License
The penalties for driving on a suspended or revoked license are:
- First offense: $500 fine
- Second offense: $750 fine, and jail for up to five days.
- Third or subsequent offense: $1,000 fine and you will be sentenced to jail for 10 days.
- If you had unpaid surcharges, you will have an additional $3000 fine.
- If you did not have insurance, you are facing an additional $500 fine, an additional license suspension of up to 2 years, and up to 90 days in jail
- If someone was injured in an accident, you will be facing an additional 45 days in jail.
For all offenses, you can lose your license for up to six months. That suspension is served consecutively, after your current suspension has been served.
For all offenses where your driving privileges are suspended, your registration will be revoked. You must surrender your registration card and your license plates to the New Jersey DMV. This applies to all the vehicles you own, or the vehicle that you were driving. Failure to surrender these items can result in impoundment of your vehicles. If other people drive your car or cars, it is possible to get temporary registration and plates.
There are even more considerations and penalties for a DWI/DUI while Operating on a Suspended license. Call for a thorough analysis of your case.
Defenses to Driving on a Suspended/Revoked License
There are a variety of ways to defend against a Driving While Suspended charge, and potentially reduce or eliminate the most severe consequences. One defense is to make the state establish that they legally and properly notified you of your suspension.
Please call me for details about your specific case, and I’ll offer suggestions about what defenses and arguments may make sense for you.
I am in different NJ courts every day, defending my clients rights and freedom on many different criminal traffic charges, including driving on a Suspended License. If you’ve been arrested and are facing these or other criminal charges in New Jersey,call me for a free consultation now.
(888) 628-8394 or locally at (732) 625-9660
Offense 39:3-40 driving while license suspended- general provision 1st Offense – $500 fine, and – driver’s license suspension not to exceed 6 months -9 car insurance eligibility points for each violation $750 DMV surcharges
2nd Offense – $750 fine, and – driver’s license suspension not to exceed 6 months, and – imprisonment 1- 5 days, -9 car insurance eligibility points for each violation $750 DMV surcharges and – if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)
3rd or Subsequent Offense – $1000 fine, and – driver’s license suspension not to exceed 6 months, and – imprisonment for 10 days, -9 car insurance eligibility points for each violation $750 DMV surcharges and – if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)