Driving with Suspended / Revoked License
Driving with a Suspended or Revoked License is one of the more serious motor vehicle offenses in the State of New Jersey. In the statute N.J.S.A. 39:3-40, the terms suspended and revoked are used interchangeably. The law provides that “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, or prohibition.”
- The penalties for a first offense under this statute are a fine of $500.00 and an additional license suspension of up to 6 months.
- The penalties for a second offense under this statute are a fine of $750.00, an additional license suspension of up to 6 months, and imprisonment in the county jail for between 1 and 5 days.
- The penalties for a third offense under this statute are a fine of $1,000.00, an additional license suspension of up to 6 months, and imprisonment in the county jail for 10 days.
There are also additional circumstances that may increase the penalties:
- If the person operating the vehicle is involved in an accident resulting in bodily injury to another person then there is a mandatory 45 day to 180 day jail term. (39:3-40e).
- If the suspension was due to a Driving Without Insurance offense under N.J.S.A. 39:6B-2 then there is an additional penalty of $500, an additional 1 to 2 years license suspension, and imprisonment in the county jail for up to 90 days. (39:3-40f(1))
- If the suspension is due to a Driving While Intoxicated (39:4-50) or a Refusal of a Breatholyzer (39:4-50.4a) then there is an additional $500 fine, an additional 1 to 2 year license suspension, imprisonment in the county jail for between 10 and 90 days, and a suspension of vehicle registration privileges. (39:3-40f(2))
- In addition, If the driving offense occurred on any school property, within 1000 feet of school property, in a designated school crossing, in a non-designated school crossing if juveniles are present, then there is an additional $500 fine, an additional 1 to 2 year license suspension, and a jail sentence of between 60 and 90 days for a first offense, 120 to 150 days for a second offense, and 180 days for a third offense. (39:3-40f(3))
- If a person is convicted for a second or subsequent violation of Driving While Suspended and the offense also involves a ticket for a moving violation (only violations that result in points), then the term of imprisonment shall be 10 days longer then the term of imprisonment imposed for the previous offense.
The statute also provides for penalties for a person who owns or leases a motor vehicle who permits someone with a suspended license to drive his or her car. In order to find someone guilty of this violation the State must prove under 39:3-40h that;
(1) The owner knew that the operator’s license had been suspended for a DWI or a Refusal to take a Breath Test; or
(2) The owner knew that the operator’s license was suspended that the operator had been convicted within the past 5 years of driving while suspended or revoked.
The Law Firm of Randolph H. Wolf has been representing individuals charged with Driving While Revoked or Suspended for 25 years. Mr. Wolf has successfully argued that:
- The Client did not know that he or she was suspended.
- The Client upon finding out from the police officer that he or she was suspended immediately went to motor vehicles and got restored.
- DMV failed to timely mail a Notice of Proposed Suspension or an actual Notice of Suspension prior to the Client being pulled over.
- The Police Officer did not have probable cause to stop the client’s vehicle in the first place.
- The client’s license suspension was in error.
- The client resides out of state and the prosecution could not properly prove the out of state suspension.
- The client had moved and DMV mailed the Suspension Notice to the wrong address.
- The state was unable to produce proper Proofs of Mailing of the Suspension Notice.
- The client was a victim of identity theft and was not the driver of the automobile.
- The client was a victim of identity theft and was suspended because someone had received a ticket in his or her name and not appeared in court resulting in a suspension.
Driving While Already Convicted
In the state of New Jersey, effective August 1, 2011, under N.J.S.A. 2C:40-26, it is now a crime in the fourth degree to drive a motor vehicle with a license that was suspended due to DWI or a Refusal to Submit to a Breath Test. Click here to read more on this new law.
Please be aware that the above is only an overview. Each case is unique and different, with it’s own set of circumstances and series of events. Therefore, never assume that you should, or should not, do something without first contacting an attorney for legal advice. If you feel you are in a situation where legal advice is needed, please don’t hesitate to contact us at 732-741-4448. We would be happy to set up a consultation with you, free of charge, to go over your particular case and to see where we may be of legal assistance.
If you are facing a Driving While Suspended or Revoked Charge, please contact Mr. Wolf for a free consultation to determine if a valid defense can be raised to prevent the loss of your driver’s license.