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Driving While License Suspended

New Jersey Criminal Lawyer Outlines 2nd Offense For Operating A Motor Vehicle While Suspended & The Penalties

February 6, 2020 by Mathew Reisig

If your license is suspended following a second DWI conviction and you’re caught driving, you’re committing a felony offense in New Jersey.

Under N.J.S.A. 2C:40-26(b), Operating Motor Vehicle Suspended, Second Offense, driving on a suspended license after a second or subsequent DWI in a ten-year period, you can be sentenced to up to 18 months in prison, pay fines up to $10,000, and deal with a mandatory minimum sentence from the court of up to 180 days in jail.

New Jersey suspends licenses for a lot of reasons, but when you’ve had multiple DWI convictions, the state considers you to be a risk to the public and wants to make sure you comply with penalties.

The Penalties

If you’re convicted of a second or subsequent DWI in New Jersey and get caught driving while your license is suspended for DWI, under N.J.S.A. 2C:40-26(b), Operating Motor Vehicle Suspended, Second Offense, you’ll go to prison for a minimum of 180 days, and as long as 18 months.

The statute builds on an earlier subsection of 2C:40-26 and is intended to make it exceedingly painful to violate the terms of a repeat DWI penalty. Aside from the time in jail or state prison, you’ll also be expected to pay fines of up to $10,000.

Operating Motor Vehicle Suspended, Second Offense is a surprisingly big deal that can cost you your job, strain your family, and damage your reputation even more than the DWI that led to it.

If you’re facing 2C:40-26(b), don’t take chances with your future. Call Matthew Reisig today at 732-385-3339 for a free consultation with an experienced New Jersey criminal defense attorney.


Filed Under: Driving While License Suspended

Penalties for Operating A Motor Vehicle While Suspended In NJ

February 6, 2020 by Mathew Reisig

Authorities in New Jersey really want people to take license suspensions seriously, and that’s especially true when a person’s license is suspended because of a drunk driving conviction.

If you’re pulled over during a license suspension twice, you will no longer be in the realm of a traffic violation. Under N.J.S.A. 2C:40-26(a), Operating Motor Vehicle Suspended, a second violation of a DWI-related suspended license is a crime of the fourth degree, and could put you in prison for 18 months.

Crimes of the fourth degree in the state are the lowest grade indictable offense, comparable to felonies in other states. Aside from the 18 month maximum, you can also be fined up to $10,000 by the court.

Unlike most other crimes of the fourth degree, violations of 2C:40-26(a) carry a penalty enhancement. If you’re convicted of Operating Motor Vehicle Suspended, the court is obligated to impose a minimum sentence of 180 days, during which time you will not be eligible for parole.

If you’ve been charged for driving while suspended (2C:40-26(a)), get experienced help right away. Call Matthew Reisig today at 732-385-3339 for a free consultation with an experienced New Jersey DWI and criminal defense attorney.

Filed Under: Driving While License Suspended

New Jersey Criminal Defense Lawyer for Operating Motor Vehicle Suspended Arrest

February 5, 2020 by Mathew Reisig

New Jersey has historically had trouble with drivers ignoring the long license suspensions that the state has employed to punish people for violations like drunk driving.

It turns out that even if a person is convicted of DWI, they still need to get to work, pick up the kids, keep groceries in the house, and so on. While reforms have been implemented for 2020 to try to reduce the impact of license suspensions, it is still a crime to operate a motor vehicle if your license has been suspended because of a drunk driving conviction.

If you’ve been popped for driving suspended after a DWI before, the matter jumps to a felony-level crime of the fourth degree, under the terms of N.J.S.A. 2C:40-26(a), Operating Motor Vehicle Suspended.

Filed Under: Driving While License Suspended

Penalties in New Jersey For Causing Injury While Driving While Suspended

February 5, 2020 by Mathew Reisig

If you operate a motor vehicle in New Jersey, you are required to hold a valid driver’s license, although it does not have to be issued by New Jersey. If your license is suspended here or in another governing jurisdiction and you drive in New Jersey, you are violating the law.

If your license is suspended, or you never got one in the first place, and you’re involved in a car accident where someone else gets hurt, you are guilty of a crime of the fourth degree, as described in New Jersey statute N.J.S.A. 2C:40-22(b), Causing Injury While Driving Suspended/Unlicensed.

If a person is seriously injured in a car accident with you and you are not properly licensed, 2C:40-22(b) says you can go to prison for up to 18 months, plus the state will revoke your license for a year, or prevent you from obtaining a license for a year, after you are released.

Causing Injury While Driving Suspended/Unlicensed is a felony-level crime in New Jersey, and if you find yourself charged with it, you need experienced legal help right away.

Call Matthew Reisig today at 732-385-3339 for a free consultation with an experienced New Jersey criminal defense attorney.

Filed Under: Driving While License Suspended

New Jersey Criminal Defense Attorney for Causing Injury While Driving Suspended/Unlicensed Arrest

February 4, 2020 by Mathew Reisig

If you operate a motor vehicle in New Jersey, you are required to hold a valid driver’s license, although it does not have to be issued by New Jersey. If your license is suspended here or in another governing jurisdiction and you drive in New Jersey, you are violating the law.

If your license is suspended, or you never got one in the first place, and you’re involved in a car accident where someone else gets hurt, you are guilty of a crime of the fourth degree, as described in New Jersey statute N.J.S.A. 2C:40-22(b), Causing Injury While Driving Suspended/Unlicensed.

If a person is seriously injured in a car accident with you and you are not properly licenced, 2C:40-22(b) says you can go to prison for up to 18 months, plus the state will revoke your license for a year, or prevent you from obtaining a license for a year, after you are released.

Causing Injury While Driving Suspended/Unlicensed is a felony-level crime in New Jersey, and if you find yourself charged with it, you need experienced legal help right away.

Call Matthew Reisig today at 732-385-3339 for a free consultation with an experienced New Jersey criminal defense attorney.

Filed Under: Driving While License Suspended

Penalty In NJ For Causing Death While Driving With A Suspended License

January 22, 2020 by Mathew Reisig

New Jersey isn’t playing around when it comes to unlicensed drivers, or those whose licenses are suspended, driving on our roads.

The act itself is punished with heavy fines, but in the event that an unlicensed or suspended driver gets into an accident where another person dies, that driver is facing felony charges.

Under N.J.S.A. 2C:40-22(a), Causing Death While Driving Suspended/Unlicensed, you’ll be charged with a crime of the third degree. This means that if you’re convicted, you’ll face a prison sentence of three to five years, fines up to $15,000, and you’ll have a felony record.

You’ll also be disqualified from obtaining a driver’s license for a period of one year after your sentence ends. These charges will not exclude any other offenses you may be charged with in relation to the accident, like drunk driving or traffic violations.

Causing Death While Driving Suspended/Unlicensed is an extremely serious matter. If you’ve been charged with causing a death while driving under suspension, you need experienced legal help as soon as possible. Call Matthew Reisig today at 732-385-3339 to talk to an experienced New Jersey criminal defense attorney for free.

Filed Under: Driving While License Suspended

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