Driving With Suspended License

The Moriarty family has been fighting traffic related offenses throughout New Jersey for over 40 years. We know the local courts, prosecutors and judges you will be dealing with. This goes a long way toward successfully defending your rights. Having a lawyer who knows the system and the players is critical to a successful defense of your Driving While Suspended traffic matter in New Jersey.

Call us, 24 hours a day, at (732) 842-7773. You can also contact us by e-mail and we will reply as soon as possible to schedule a free initial consultation.

License revocations occur in New Jersey for a number of reasons. Licenses are suspended by the NJ DMV usually for the following reasons: 1) an accumulation of twelve (12) or more motor vehicle points on your license, 2) a municipal court ordered suspension (for something such as driving while intoxicated (DWI)), and 3) a failure to pay motor vehicle surcharges. As a result, if your license is suspended or revoked and you are caught driving a motor vehicle in the State of New Jersey, you will be charged with Driving With A Suspended License under N.J.S.A. 39:3-40. These “driving while suspended” charges are very serious and can often involve a jail sentence and significant fines. If you or someone you know has been charged with driving with a suspended or revoked license, call us today to set up your free consultation.

Driving while Suspended charges in New Jersey are enumerated in N.J.S.A. 39:3-40 which states in pertinent part:

§ 39:3-40. Penalties for driving while license suspended, etc

No person to whom a driver’s license has been refused or whose driver’s license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver’s license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.

Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:

a. Upon conviction for a first offense, a fine of $ 500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended for a violation of NJSA 39:4-50 or section 2 of P.L.1981, c.512 (NJSA 39:4-50.4a), revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

b. Upon conviction for a second offense, a fine of $ 750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

c. Upon conviction for a third offense or subsequent offense, a fine of $ 1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

d. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person;
Penalties for Driving with a Suspended License in New Jersey

For a first offense of driving while suspended in NJ, typically the fine is $500 and the offender faces up to six (6) months additional license suspension. For a second offense, the fine is $750, the license suspension is up to six (6) months, and the individual must serve between one (1) and (5) days in prison. Finally, for a third offense of driving while suspended in New Jersey, the fine is $1000, the license suspension is six (6) months, and the offender must serve ten (10) days in prison. Further, your sentence may be enhanced if your original suspension was for driving while intoxicated (DWI) or if you were involved in a motor vehicle accident involving personal injury to another. Please contact an experienced criminal defense and traffic ticket attorney at the Moriarty Law Firm for additional information.

Criminal charges can be brought in either the Municipal or Superior court. The more severe the criminal charges the more likely they are to be handled in Superior Court, while minor charges are typically resolved in Municipal Court. We have a well deserved reputation for being the best in both arenas.

The severity of your charges is a determination made by the State and is usually based on a variety of factors. Penalties will vary based on the degree of the crime and whether or not there was a criminal conspiracy involved.

Call (732) 842-7773 to speak with one of the Moriartys 24 hours a day, 7 days a week to discuss your charges or you can contact us by e-mail to schedule a free initial consultation