NJ Suspended License Tickets

Example of a Defense for Driving with a suspended license ticket in NJ:

In State vs. Ryan Sutherland the NJ Supreme Court determined that an officer cannot rely on a mistake of law to pull over a motorist. For a proper stop the court ruled that mistakes of law could only pass constitutional scrutiny where the statute at issue was ambiguous. Thus even if your license was suspended and you were stopped that stop must still be proper under the law! Defenses exist to all tickets including a suspended license ticket, you just need a good lawyer to find it! If a way out exists Attorney Aalsberg will find it!

In General The Law For Driving With A Suspended or Revoked Drivers License in New Jersey (39:3-40):

No person who has had his license privilege suspended or has been refused a drivers license or has had his driving privileges revoked or prohibited, shall operate a motor vehicle during the term of suspension, revocation, refusal or prohibition. For the purposes of this violation a drivers license is defined to include both a drivers license and a motor vehicle registration that has been suspended, refused, revoked or prohibited.

The Penalties:

Upon conviction for a first offense 39:3-40:

Fine: $500.00

License Suspension: up to 6 additional months

Surcharges from state of N.J.

Additional penalties apply including jail if suspended due to a DWI, DUI, accident or other offenses noted below

Upon conviction for a second offense 39:3-40:

Fine: $750.00

License Suspension: up to 6 additional months

Jail: 1 to 5 days (plus up to 10 days additional if issued a traffic ticket at the same time)

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

Upon conviction for a third offense or subsequent offense 39:3-40:

Fine: $1000.00

License Suspension:

Jail: Mandatory 10 Days

Surcharges from the State of NJ

Additional 10 to 90 days in jail if suspension is a result of a DWI or DUI or other specific offenses

If your issued a third or subsequent offense of driving while suspended in NJ and you were issued a moving violation (traffic ticket) at the time of your arrest , the Judge may impose an additional 10 days in jail on top of the jail you served for your previous offense. In addition, if a person is convicted of a 3rd or subsequent violation and is involved in an accident resulting in injury to another you must serve a minimum of 45 days in jail with a maximum term of imprisonment of of 180 days in jail.

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 (Driving with a suspended license), 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).

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:

39:3-40.1. Revocation of registration certificate, or plates of a Motor Vehicle in NJ

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 (Driving While Suspended) 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 (DWI)

(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 (DWI) 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.

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 if you have a commercial drivers license and a ticket for driving while suspended in New Jersey.

Get the Best Defense for your Driving With a Suspended License or Registration Ticket in New Jersey! 98%* Success Rate of Winning, Reducing or Eliminating the Penalties!