New Jersey Driving While Suspended Lawyer - NJ Driving with suspended license Attorney

Driving While Suspended NJSA 39:3-40

The New Jersey Statute governing Driving While Suspended or Revoked is contained in NJSA 39:3-40.   A New Jersey Driving without Insurance ticket lawyer can help beat your ticket.  The Law provides for fines and license suspensions that vary for different situations tied back to the underlying reason for the initial suspension and the number of prior convictions.  A minimum of an additional six months license suspension is imposed which can be extended under each individual set of facts.  Jail time is also mandated for some violations for DWI Suspension violations and multiple offenders. For a third offense, for example, a ten day jail sentence is imposed.  

 

SUSPENSION, FINES AND MVC AND INSURANCE POINT SURCHARGES ARE IMPOSED

 

For all convictions of Driving While Suspended Nine (9) Insurance Eligibility Points shall be incurred.  Penalties under this statute results in the following. Upon conviction of the first offense of fine of $500.00. The defendant will also be surcharged a mandatory $250.00 per year for 3 years by the DMV. Upon conviction for the second offense a fine of $750.00 and imprisonment in the county jail for not more than 5 days. Upon conviction for the third offense a fine of $1000.00 and imprisonment in the county jail for 10 days. Additionally, the statute states, upon the conviction the court shall impose or extend a period of suspension not to exceed 6 months. Also, upon conviction the court shall impose a period of imprisonment for not less than 45 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in personal injury to another person.

If an individual violates this section while under suspension issued pursuant to 39:4-50, driving while under the influence of liquor or drugs and is convicted, they shall be fined an additional $500.00. and have their license suspended for an additional period not less than one year nor more than two years and may be in the county jail for not more than 90 days. The defendant will also be surcharged a mandatory $250.00 per year for 3 years.

 

 

CALL TODAY FOR A FREE INITIAL CONSULTATION

NEW JERSEY DRIVING WITHOUT INSURANCE TICKET LAWYER

 

STEVEN P. LOMBARDI, ESQ. 

 

PHONE  973-921-2860

This New Jersey Statute Provides as follows:

 

39:3-40. No person to whom a drivers license has been refused or whose drivers license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a drivers 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 subsection i. 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 violators drivers license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violators motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

 

     b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violators drivers license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violators motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

 

     c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00, imprisonment in the county jail for 10 days and, if the third offense involves the operation of a motor vehicle during a period when the violators drivers license is suspended and that third offense occurs within five years of a conviction for the same offense, revocation of the violators motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

 

     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;

 

     f. (1) Notwithstanding subsections a. through e., any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.

 

     (2) Notwithstanding the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.

 

     (3) Notwithstanding the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:

 

     (a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

     (b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

     (c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

     A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

     It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session;

     g.In addition to the other applicable penalties provided under this section, a person violating this section whose license has been suspended pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder, shall be fined $3,000. The court shall waive the fine upon proof that the person has paid the total surcharge imposed pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder. Notwithstanding the provisions of R.S.39:5-41, the fine imposed pursuant to this subsection shall be collected by the Division of Motor Vehicles pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), and distributed as provided in that section, and the court shall file a copy of the judgment of conviction with the director and with the Clerk of the Superior Court who shall enter the following information upon the record of docketed judgments: the name of the person as judgment debtor; the Division of Motor Vehicles as judgment creditor; the amount of the fine; and the date of the order. These entries shall have the same force and effect as any civil judgment docketed in the Superior Court;

     h. A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:

     (1) Knows that the operators license to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or

     (2) Knows that the operators license to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the persons license was suspended or revoked;

     i. If the violators drivers license to operate a motor vehicle has been suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10), the violator shall be subject to a maximum fine of $100 upon proof that the violator has satisfied the parking ticket or tickets that were the subject of the Order of Suspension.

 

Defenses to Driving While Suspended

There are many defenses and legal challenges that can be made to a charge of Driving While Suspended.  

 

There are two types of suspensions "In Court" suspensions that are issued by a judge to a driver for various offenses that allow for license suspension, such as Driving While Intoxicated, Speeding, Reckless Driving, Driving without Insurance and many others.  In this situation the Prosecutor acting for the State only need to prove a Suspension was issued in court by offering as evidence a Certified Abstract of the Driver's Record.  Limited Notice Defenses are available for these suspensions offenses.

 

The other type of suspension is an Administrative Suspension done by the New Jersey Motor Vehicle Commisssion.  This may occur for an accumulation of points or other offense allowing Administrative suspensions.  In this case actual mailed notice must be proven as provided by the State.  This can be a strong defense as the State cannot often produce the mailing proofs necessary to sustain the burden.  

 

Where the driver was suspended by the Division of Motor Vehicles, the state must introduce

  1. Notice of scheduled suspension.
  2. Proof of mailing notice.
  3. Order of suspension.
  4. Proof of mailing order.
  5. Certified motor vehicle abstract.