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N.J.S.A. 39:3 40: Driving While Your License is Suspended and Driving While Your License is Revoked

If you are charged with driving while your license is suspended and appear in court without a lawyer, the judge will most likely advise you that you should get an attorney. This is because driving while suspended is a serious offense in New Jersey with serious consequences. The potential consequences not only include a license suspension, but can also include jail time.

At The Cintron Firm, we recognize that there are certain instances when drivers were unaware that their license was suspended. Examples of such instances include a failure to pay parking tickets, failure to appear at a court hearing, failure to pay a fine to a court or failure to comply with the terms of a sentence. For this reason, our staff fully investigates your driving history to determine the sources of your suspension so that you can be fully informed of your options. You can rest assured that Mark J. Cintron is an experienced attorney who will gather this information, help prepare your defense and advise you of your legal options.

What Are The Penalties For Driving While Suspended Or Driving On The Revoked List?

If you are convicted for the first time of driving while suspended, you are subject to the following penalties:

License Suspension: Up to 6 months
Fines: $500.00
Court Costs and Surcharges: Up to $39.00

If you are convicted for a second time for driving while suspended, you are subject to the following penalties:

Jail Time: Up to 5 days
License Suspension: Up to 6 months
Vehicle Registration Suspension: Up to 6 Months
Fines: $750.00
Court Costs and Surcharges: Up to $39.00

If you are convicted for driving while suspended for a third time or more, you will be subject to the following penalties:

Jail Time: 10 days
License Suspension: Up to 6 months
Vehicle Registration Suspension: Up to 6 Months
Fines: $1,000.00
Court Costs and Surcharges: Up to $36.00

These consequences are just for drivers that are subject to "non enhanced sentencing." If you were charged with driving while suspended under certain circumstances, the penalties will be much greater. Examples of such circumstances include:

• If you were driving while suspended and you were involved in an accident which injured another person.

• If you were driving while suspended during a period of suspension-n for a drunk driving offense.

• If you were driving while suspended and also driving without car insurance.

• If you were driving while suspended in a school zone.

If your driving while suspended charge involves any of these scenarios, your sentence can be increased dramatically. For example, your license can be suspended for up to two years, the length of prison term can be increased and the fines will be significantly greater.

The loss of a license and the imposition of jail are consequences that can impact your life a great deal. If you are charged with driving while suspended in New Jersey, we encourage you to speak with an attorney at The Cintron Firm for a free consultation.

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