2C:40-26. Driving while license is suspended or revoked; degree of crime; minimum sentence
a. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor’s license was suspended or revoked for a first violation of R.S. 39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a) and the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense. A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
b. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor’s license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a). A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
c. Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.
|
The Cintron Firm has locations in Ridgefield Park, New Brunswick, Montclair, and Totowa and serve the following New Jersey cities and counties: Morris County, Essex County, Bergen County, Passaic County, Englewood Cliffs, Ridgewood, Little Falls, Paramus, Paterson, Wayne, Lincoln Park, Hackensack, Lodi, Passaic, Cliffside Park, Caldwell, Belleville, Union City, East Orange, Newark, Union, Elizabeth, Irvington, Brunswick, Byram, Denville and Rockaway.