Driving on a suspended license can result in severe penalties in New Jersey, especially if you have prior convictions for the same offense. A conviction for driving while suspended will stay on your record permanently and each offense is punished more severely.
However, for most people, these cases can be resolved easily with the help of an experienced New Jersey traffic attorney. Take the first step by calling our law firm right now. A brief phone call can save you time, money, points against your licenses, and the possibility of time in jail.
Driving While Suspended (N.J.S.A. 39:3-40)
Under N.J.S.A. 39:3-40, you are prohibited from operating a motor vehicle if your driver’s license is suspended or revoked, as well as, if you are prohibited from obtaining a license or have been refused a license. This applies whether your license was suspended or revoked by the state of New Jersey or any other state. Furthermore, the same prohibition applies if your motor vehicle registration has been suspended or revoked.
What Are the Consequences for Driving While Suspended in New Jersey?
The severity of the penalties you will receive if convicted of driving while suspended will depend on various factors, including the number of prior convictions you have and the reason your driver’s license was suspended, but are generally as follows:
- First offense – a fine of $500, a $250 surcharge, and 6 months added to your licence suspension.
- Second offense – a fine of $750, a $250 surcharge, 6 months added to your licence suspension, and possibly up to 5 days in jail.
- Third offense – a fine of $1,000, a $250 surcharge, 6 months added to your licence suspension, and possibly up to 10 days in jail.
In addition, you will receive as many as 9 insurance eligibility points, which can make it very difficult for you to renew your auto insurance or qualify for a new insurance policy.
What Can Cause My License To Be Suspended in New Jersey?
There are many reasons why your driver’s license might be suspended in New Jersey:
- Failing to have an emissions test
- A conviction for driving under the influence (DUI)
- Getting a traffic ticket and doing nothing with it
- Not having proper insurance
- Being ticketed too many times in the past
- Having a medical condition
- Accumulating too many points on your record
There is also a multitude of other reasons why the New Jersey Motor Vehicle Commission (MVC) may suspend your license, and every one presents a different challenge for you and your attorney.
Defenses to Driving While Suspended in New Jersey
For most people charged with driving while suspended, it is their first time being charged with the offense. Often, they don’t even know that their license is suspended. When this is the case, one of the first things you want to do is find out why your license was suspended and rectify the situation.
In many cases, if you do this, the judge or prosecutor will dismiss the case. But, even if the court does not dismiss the case, you may still be able to convince the prosecutor to reduce the charge to a less serious offense.
In other cases, such as when you have multiple infractions for driving while suspended, the court may be unwilling to dismiss or reduce the charge or to accept a plea bargain. In these cases, you and your attorney will need to find ways to mitigate the penalties associated with a conviction (i.e. jail time, probation, and community service), so that you can remain free and continue to work to support your family, go to school, etc.
That means focusing on whether you actually knew that your license was suspended, whether you made any admissions to that fact, whether or not the state can prove that you were knowingly driving on a suspended license, and how you can keep any evidence to that effect out of court.
Why Hire an Attorney to Defend a Ticket for Driving While Suspended in New Jersey?
It can be scary to defend a ticket for driving while suspended on your own. Most people facing this kind of charge make tremendous mistakes when attempting to defend themselves. This can cost them heavy fines, probation, and possible incarceration.
However, our New Jersey traffic attorneys can protect your rights and fight to get your ticket dismissed or reduced, saving you time, money, points against your licenses, and preserving your freedom. Call us or visit our contact page to arrange a free consultation with an experienced New Jersey traffic ticket attorney.