What are the Penalties For Driving While Suspended (N.J.S.A. 39:3-40) in New Jersey
Driving with a suspended license in New Jersey is a traffic offense that can result in serious consequences. The New Jersey Motor Vehicle Commission may suspend a person’s driving privilege for several reasons, including when a person accumulates more than 12 points, the failure to pay a fine or a surcharge, use of drugs or alcohol while driving, fault in a fatal accident, or reckless driving. New Jersey law prohibits a driver with a suspended license from driving until the suspension period has ended. To restore a suspended license, the driver must pay a restoration fee.
Penalties for Driving with a Suspended License
New Jersey statute (N.J.S.A. 39:3-40) provides the following penalties for driving with a suspended license:
First Offense
• A fine of $500
• Up to six months suspension
Second Offense
• A fine of $750
• Imprisonment in the county jail for at least one day but not more than five days
• Revocation of the driver’s motor vehicle registration privilege for up to six months if the second offense occurs within five years of the conviction for the same offense
• Up to six months suspension
Third Offense
• A fine of $1,000
• Imprisonment in the county jail for ten days
• Revocation of the driver’s motor vehicle registration privilege for up to six months if the offense occurs within five years of a conviction for the same offense
• Up to six months suspension
Enhanced Penalties for Driving with a Suspended License
Harsher penalties for driving with a suspended license apply when the suspension is due to any of the following reasons:
• Driving without insurance
• Driving while intoxicated
• Refusal to submit to a chemical test
• Habitual offender
• Driving in a school zone or driving through a school crossing
• Failure to pay surcharge
• Failure to pay parking judgment
A conviction can result in a range of penalties, including a fine of up to $1,500, a suspended driver’s license for up to 30 months, and incarceration for up to 90 days.
Accident Involving Personal Injury
If a driver with a suspended license is involved in an accident that causes a personal injury to another person, a conviction for driving with a suspended license will result in more severe penalties. The court can sentence the driver to serve a term of imprisonment for not less than 45 days or more than 180 days.
If you have been charged with a New Jersey traffic offense of driving with a suspended license, it is important to contact a New Jersey traffic attorney. Call The Cintron Firm at (201) 791-1333 for a consultation.