In General The Law For Driving With A Suspended
or Revoked Drivers License in New Jersey (39:3-40):
No person to whom a driver's license has been refused or whose driver's license privilege has been suspended
or revoked, or who has been prohibited from obtaining a driver's license, shall operate a motor vehicle during the
period of refusal, suspension, revocation, or prohibition. License is also defined to include a motor vehicle
registration that has been suspended, refused, revoked or prohibited.
The Penalties:
Upon conviction for a first offense:
Fine: $500.00
License Suspension: up to 6 additional months
Surcharges from state of N.J.
Additional penalties apply including jail if violation is result of a DWI, DUI, accident or other specific offenses see
below
Upon conviction for a second offense:
Fine: $750.00
License Suspension: up to 6 additional months
Jail: up to 5 days
Surcharges from State of NJ
Additional 10 to 90 or more days in Jail if suspension is a result of a DWI or DUI or other specific offenses see
below
If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense
includes a moving violation (Traffic Ticket), the term of imprisonment imposed shall be 10 days longer than the
term of imprisonment imposed for the previous offense.
Upon conviction for a third offense or subsequent offense:
Fine: $1000.00
License Suspension:
Jail: Mandatory 10 Days
Surcharges from the State of NJ
Additional 10 to 90 days in jail is suspension is a result of a DWI or DUI or other specific offenses
If a third or subsequent offense includes a moving violation (Traffic Ticket), the term of imprisonment imposed
shall be 10 days longer than the term of imprisonment imposed for the previous offense. If a person convicted of a
3rd or subsequent violation is involved in an accident resulting in injury to another imprisonment for not less than
45 days or more than 180 days.
or Revoked Drivers License in New Jersey (39:3-40):
No person to whom a driver's license has been refused or whose driver's license privilege has been suspended
or revoked, or who has been prohibited from obtaining a driver's license, shall operate a motor vehicle during the
period of refusal, suspension, revocation, or prohibition. License is also defined to include a motor vehicle
registration that has been suspended, refused, revoked or prohibited.
The Penalties:
Upon conviction for a first offense:
Fine: $500.00
License Suspension: up to 6 additional months
Surcharges from state of N.J.
Additional penalties apply including jail if violation is result of a DWI, DUI, accident or other specific offenses see
below
Upon conviction for a second offense:
Fine: $750.00
License Suspension: up to 6 additional months
Jail: up to 5 days
Surcharges from State of NJ
Additional 10 to 90 or more days in Jail if suspension is a result of a DWI or DUI or other specific offenses see
below
If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense
includes a moving violation (Traffic Ticket), the term of imprisonment imposed shall be 10 days longer than the
term of imprisonment imposed for the previous offense.
Upon conviction for a third offense or subsequent offense:
Fine: $1000.00
License Suspension:
Jail: Mandatory 10 Days
Surcharges from the State of NJ
Additional 10 to 90 days in jail is suspension is a result of a DWI or DUI or other specific offenses
If a third or subsequent offense includes a moving violation (Traffic Ticket), the term of imprisonment imposed
shall be 10 days longer than the term of imprisonment imposed for the previous offense. If a person convicted of a
3rd or subsequent violation is involved in an accident resulting in injury to another imprisonment for not less than
45 days or more than 180 days.
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| H. Scott Aalsberg, Esq., P.C. Attorneys at Law Main Office: 39 Milltown Road 2nd Floor, East Brunswick, N.J. 08816 1028 Route #23 North, Wayne, N.J. 07470 1-800-9-RIGHTS or (732) 257-5040 www.NJSuspendedLicense.com |
NJSuspendedLicense.com
- Increased Insurance Costs
- State Surcharges
- Additional License Suspension
- Possible Jail (See Attorney for Details)
| If you get convicted of driving while suspended in NJ you will lose your drivers license no exceptions. Losing your license could mean losing your ability to go to work, or to shop for food. NJ Does not have a work license, school license or an emergency license. If you need your license you must fight now to protect it! Put our proven track record of success to work for you. Call 1-800-9-RIGHTS and start protecting your rights. |
The NJ Suspended License Lawyer
SERVING ALL OF
NEW JERSEY
NEW JERSEY
1-800-9-RIGHTS
Protect Your Right To Drive
Charged with Driving While Suspended?
You Face:
You Face:
We have a 97% success rate of Winning, Reducing
or Eliminating the penalties associated with a
driving while suspended ticket! But you must take
the first step and call 1-800-9-RIGHTS to setup a free
in office consultation to speak with one of our New
Jersey Suspended License Lawyers
or Eliminating the penalties associated with a
driving while suspended ticket! But you must take
the first step and call 1-800-9-RIGHTS to setup a free
in office consultation to speak with one of our New
Jersey Suspended License Lawyers
As you will read below additional penalties may apply to your driving while suspended
charge which can results in additional loss of license and jail. Our NJ suspended drivers
license lawyers can help!
charge which can results in additional loss of license and jail. Our NJ suspended drivers
license lawyers can help!
Defenses for Driving
on a Suspended
License in New
Jersey:
In any case involving driving
with a suspended license,
the prosecution must prove
a minimum of three factors
for a conviction:
1) You were driving
2) Your license was actually
suspended or revoked
3) You knew that your
license was suspended
The last point often serves as
the most successful defense,
however merely stating that
you did not know your license
was suspended is not enough
to win your case. Additional
evidence must be presented to
win your case. Thus, you
need an experienced
suspended license lawyer. A
law may sound simple on its
face, example: the constitution
states that you have the right
to bear arms (own a gun) but
as you know if you try to walk
down the street with a gun you
will be arrested and jailed.
Remember for most people
your license means your job.
How will you get to work
without being able to drive?
Are you willing to go to jail for
driving? Do you want your car
to be impounded? Our New
Jersey Suspended License
Lawyers can help you, but you
must take the first step and call
our office.
on a Suspended
License in New
Jersey:
In any case involving driving
with a suspended license,
the prosecution must prove
a minimum of three factors
for a conviction:
1) You were driving
2) Your license was actually
suspended or revoked
3) You knew that your
license was suspended
The last point often serves as
the most successful defense,
however merely stating that
you did not know your license
was suspended is not enough
to win your case. Additional
evidence must be presented to
win your case. Thus, you
need an experienced
suspended license lawyer. A
law may sound simple on its
face, example: the constitution
states that you have the right
to bear arms (own a gun) but
as you know if you try to walk
down the street with a gun you
will be arrested and jailed.
Remember for most people
your license means your job.
How will you get to work
without being able to drive?
Are you willing to go to jail for
driving? Do you want your car
to be impounded? Our New
Jersey Suspended License
Lawyers can help you, but you
must take the first step and call
our office.
The Fine Print: Additional Penalties For Driving While
Suspended In New Jersey and how applied:
(1) In addition to any penalty imposed under the provisions of subsections a.
through e. of 39:3-40, any person violating this section while under suspension
issued pursuant to section (C.39:6B-2 (No Insurance), 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,
(C.39:4-50.4a) or (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 (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
(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 (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 Motor Vehicle Commission pursuant to (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 chief administrator 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
commission 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
(C.39:3-40.1 through C.39:3-40.5) if the person: (1)Knows that the operator's
license to operate a motor vehicle has been suspended for a violation of
R.S.39:4-50 or (C.39:4-50.4a); or (2)Knows that the operator's 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 person's license was
suspended or revoked;
i.If the violator's driver's license to operate a motor vehicle has been suspended
pursuant to (C.39:4-139.10) or for failure to comply with a time payment order,
the violator shall be subject to a maximum fine of $100 upon proof that the
violator has paid all fines and other assessments related to the parking violation
that were the subject of the Order of Suspension, or if the violator makes
sufficient payments to become current with respect to payment obligations under
the time payment order;
j.If a person is convicted for a second or subsequent violation of this section and
the second or subsequent offense involves a motor vehicle moving violation, the
term of imprisonment for the second or subsequent offense shall be 10 days
longer than the term of imprisonment imposed for the previous offense.
For the purposes of this subsection, a "motor vehicle moving violation" means
any violation of the motor vehicle laws of this State for which motor vehicle points
are assessed by the chief administrator pursuant to (C.39:5-30.5).
Suspended In New Jersey and how applied:
(1) In addition to any penalty imposed under the provisions of subsections a.
through e. of 39:3-40, any person violating this section while under suspension
issued pursuant to section (C.39:6B-2 (No Insurance), 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,
(C.39:4-50.4a) or (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 (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
(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 (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 Motor Vehicle Commission pursuant to (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 chief administrator 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
commission 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
(C.39:3-40.1 through C.39:3-40.5) if the person: (1)Knows that the operator's
license to operate a motor vehicle has been suspended for a violation of
R.S.39:4-50 or (C.39:4-50.4a); or (2)Knows that the operator's 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 person's license was
suspended or revoked;
i.If the violator's driver's license to operate a motor vehicle has been suspended
pursuant to (C.39:4-139.10) or for failure to comply with a time payment order,
the violator shall be subject to a maximum fine of $100 upon proof that the
violator has paid all fines and other assessments related to the parking violation
that were the subject of the Order of Suspension, or if the violator makes
sufficient payments to become current with respect to payment obligations under
the time payment order;
j.If a person is convicted for a second or subsequent violation of this section and
the second or subsequent offense involves a motor vehicle moving violation, the
term of imprisonment for the second or subsequent offense shall be 10 days
longer than the term of imprisonment imposed for the previous offense.
For the purposes of this subsection, a "motor vehicle moving violation" means
any violation of the motor vehicle laws of this State for which motor vehicle points
are assessed by the chief administrator pursuant to (C.39:5-30.5).
39:3-40.1. Revocation of registration certificate, or plates
2. a. Any motor vehicle registration certificate and registration plates shall be revoked if a person is convicted of
violating the provisions of:
(1)subsection a. of R.S.39:3-40 for operating a motor vehicle during a period when that violator's driver's license has
been suspended for a violation of R.S.39:4-50;
(2)subsection b. or c. of R.S.39:3-40 for operating a motor vehicle during a period when that violator's driver's license
has been suspended within a five-year period; or
(3)R.S.39:4-50 for a second or subsequent offense, if such revocation is ordered by the court as authorized under that
section.
This revocation of registration certificate and registration plates shall apply to all passenger automobiles and
motorcycles owned or leased by the violator and registered under the provisions of R.S.39:3-4 and all noncommercial
trucks owned or leased by the violator and registered under the provisions of (C.39:3-8.1), including those passenger
automobiles, motorcycles and noncommercial trucks registered or leased jointly in the name of the violator and the
other owner of record.
b.At the time of conviction, the court shall notify each violator that the person's passenger automobile, motorcycle, and
noncommercial truck registrations are revoked. Notwithstanding the provisions of R.S.39:5-35, the violator shall
surrender the registration certificate and registration plates of all passenger automobiles, motorcycles, and
noncommercial truck registrations subject to revocation under the provisions of this section within 48 hours of the
court's notice. The surrender shall be at a place and in a manner prescribed by the Director of the Division of Motor
Vehicles pursuant to rule and regulation. The court also shall notify the violator that a failure to surrender that vehicle
registration certificate and registration plates shall result in the impoundment of the vehicle in accordance with the
provisions of (C.39:3-40.3) and the seizure of said registration certificate and registration plates. The revocation
authorized under the provisions of this subsection shall remain in effect for the period during which the violator's license
to operate a motor vehicle is suspended and shall be enforced so as to prohibit the violator from registering or leasing
any other vehicle, however acquired, during that period.
c.If the violator subject to the penalties set forth in subsections a. and b. of this section for conviction of violating the
provisions of R.S.39:3-40 was operating a motor vehicle owned or leased by another person and that other owner or
lessee permitted that operation with knowledge that the violator's driver's license was suspended, the court shall
suspend the person's license to operate a motor vehicle and revoke the registration certificate and registration plates
for that vehicle for a period of not more than six months. Notwithstanding the provisions of R.S.39:3-35, the owner or
lessee shall surrender the registration certificate and registration plates of that vehicle within 48 hours of the court's
notice of revocation. The surrender shall be at a place and in a manner prescribed by the Director of the Division of
Motor Vehicles pursuant to rule and regulation. The court also shall notify the owner or lessee that a failure to
surrender the revoked registration certificate and registration plates shall result in the impoundment of the vehicle in
accordance with the provisions of (C.39:3-40.3) and the seizure of said registration certificate and registration plates.
Nothing in this subsection shall be construed to limit the court from finding that owner or lessee guilty of violating
R.S.39:3-39 or any other such statute concerning the operation of a motor vehicle by an unlicensed driver.
In New Jersey you can be charged with and face the same
penalties as a suspended drivers license if your car or trucks
registration or plates have been suspended:
penalties as a suspended drivers license if your car or trucks
registration or plates have been suspended:
CDL Truck Drivers: You Face additional penalties if convicted of driving while suspended including but not
limited to a 1-year disqualification or a 3-year disqualification if transporting hazardous materials required to be
placarded. The second violation for a Major, in a CMV or a non-CMV, results in a lifetime disqualification. However,
the driver may be eligible for reinstatement under certain conditions after 10 years. You need not be driving a
commercial vehicle for your CDL license to be effected. Please see attorney for complete details.
limited to a 1-year disqualification or a 3-year disqualification if transporting hazardous materials required to be
placarded. The second violation for a Major, in a CMV or a non-CMV, results in a lifetime disqualification. However,
the driver may be eligible for reinstatement under certain conditions after 10 years. You need not be driving a
commercial vehicle for your CDL license to be effected. Please see attorney for complete details.
97% Success Rate of Winning or Reducing The Penalties*
The NJ Suspended License Lawyer