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Palisades Park NJ Driving with a Suspended License Defense Attorneys 

Criminal and Traffic Defense Lawyers in Bergen County, New Jersey

The Tormey Law Firm boasts a team of highly skilled criminal defense and drunk driving (DWI) attorneys with years of experience representing clients charged with criminal and traffic offenses, including driving under the influence of drugs (DUI), refusal to submit to a breath test, and possession of CDS in a motor vehicle in Bergen County and throughout New Jersey, including in Mahwah, Elmwood Park, and Englewood City. With offices conveniently located in the center of Hackensack’s criminal justice complex, Mr. Tormey and his fellow attorneys appear in courts throughout Bergen County on a daily basis, utilizing their detail-intensive approach and well-founded reputations to achieve the best possible results for their clients. To speak with one of these distinguished legal advocates at no cost, contact the Hackensack, New Jersey offices of The Tormey Law Firm at (201)-330-4979. Free consultations are always provided and we pride ourselves on providing immediate assistance.

 

Driving with a Suspended License in New Jersey: N.J.S.A. 39:3-40

Driving with a suspended license is a traffic violation. It is governed by N.J.S.A. 39:3-40, which provides:

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

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No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.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

f. (1)   In addition to any penalty imposed under the provisions of subsections a. through e. of this section, 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)   In addition to any penalty imposed under 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)   In addition to any penalty imposed under 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.

 

Penalties for Driving with a Suspended License in New Jersey 

As the above statute enumerates, driving with a suspended license is a serious traffic violation in New Jersey. The penalties are as follows:

First Offense:

  • Fine: $500.00
  • License Suspension: Up to six (6) months

First Offense (If the suspension follows a DWI conviction):

  • Fine: $500.00
  • License Suspension: Between one (1) year and two (2) years
  • Jail: 10 to 90 days in the county jail

Second Offense:

  • Fine: $750.00
  • License Suspension: Up to six (6) months
  • Jail: Between one (1) day and five (5) days in the county jail

Third Offense:

  • Fine: $1,000.00
  • License Suspension: Up to six (6) months
  • Jail: 10 days in the county jail

In addition, if your license was suspended in connection with a DWI conviction, you were driving without insurance, you were involved in an accident, or the offense was committed on school property, the penalties are enhanced. As you can see, the penalties for driving with a suspended license are severe. However, an experienced criminal and traffic ticket attorney can help you avoid these penalties and allow you to maintain your driver’s license.

 

Call the Tormey Law Firm in Hackensack, NJ Today for a Free Consultation

For additional information and a free consultation about your driving with a suspended license charges, please contact us anytime at (201)-330-4979, or use our online contact form. Our Hackensack office is conveniently located in the heart of Bergen County, just steps from the Hackensack Municipal Court and Bergen County Superior Court. One of our criminal defense attorneys will be happy to discuss your case over the phone or to schedule an appointment to meet with you in person.

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