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Lyndhurst Driving while Suspended Charge Dismissed

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Lyndhurst NJ Driving while Suspended Defense Lawyers

Lyndhurst NJ Traffic Ticket Defense Attorneys

Travis J. Tormey represented a client in January 2013 charged with driving with a suspended license under N.J.S.A. 39:3-40 which provides in pertinent part:

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No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.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

This was the client’s second offense for driving with a suspended license, so he was facing one (1) to five (5) days in jail and an additional driver’s license suspension of up to six (6) months.

When Mr. Tormey reviewed the discovery evidence and appeared in court, it was evident that the client did not have proper notice of the suspension. The Department of Motor Vehicles (DMV) sent out the notice of suspension based on failure to pay surcharges a week after the defendant was stopped and given a ticket for driving with a suspended license. As a result, the driving while suspended ticket was not valid because the State must show that proper notice was given to the defendant. The ticket was dismissed and our client was able to avoid all of the associated penalties.

For assistance with your case, feel free to contact the Hackensack law offices of The Tormey Law Firm anytime at (201)-330-4979. One of our attorneys will provide you with a no-cost case evaluation and answers to all of your questions.

Hear From Those Who Know

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

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