New Jersey Traffic Ticket Attorney

Driving With a Suspended License in New Jersey

New Jersey driving privileges can be suspended or revoked through a variety of means: such as by court order after conviction for a criminal offense or a motor vehicle violation, or because of a failure to pay fines or failure to appear in court. Suspension or revocation may also occur through administrative action by the Motor Vehicle Commission (MVC), formerly known as the Department of Motor Vehicles (DMV), because of an accumulation of motor vehicle points for moving violations, or because of a failure to take certain actions, such as failure to pay a surcharge or failure to provide proof of liability insurance.

Individuals who have never been licensed to drive may also be considered suspended and subject to prosecution under certain circumstances. A person whose New Jersey driving privileges have been suspended or revoked may not operate a motor vehicle in the state for any reason, and doing so carries very substantial penalties under N. J. S. A. 39:3-40.

Unless the suspension was due to parking tickets, at a minimum, any violation of the statute requires a $500 fine and an addition license suspension, beginning after the current suspension period expires, of up to six months. The effect of an additional license suspension is especially severe because, unlike some other states, there is no provision under New Jersey law for the issuance of a temporary license or "work license" that would allow the suspended driver to drive under limited circumstances. A person whose New Jersey driving privileges have been suspended may not drive in New Jersey for any reason.

Fines and Other Penalties

Depending upon the circumstances, a violation may also result a fine of up to $1,500, an additional loss of driving privileges of up to thirty months, possible revocation of the driver's vehicle registration privileges, and the possibility of a mandatory jail sentence that could be one to five days, or up to 45 to 180 days. The presence of enhancing factors, such as those described below, can increase these penalties and, in some instances, make a jail sentence mandatory.

The extent of the penalty depends upon multiple factors, such as: whether there have been previous driving while suspended violations, and if so, the time lapse since the last violation; the reason for the original license suspension; (such as: because of a DUI conviction, or conviction for refusal to submit to a breath test, or driving without insurance) whether the conduct occurred within a school zone; whether the driver is also guilty of an associated moving violation; and whether the driver was involved in an accident in which another person sustained bodily injury.

The existence of one or more of these enhancing factors substantially increases the penalties; in that, if convicted, the defendant is subject to the basic penalties for the offense, plus added penalties for any enhancing factor, with the result that the defendant can be subject to double and sometimes triple sanctions. Furthermore, a conviction triggers mandatory Motor Vehicle Commission surcharges of $250 per year for three years, an assessment of nine insurance eligibility points precluding the driver from purchasing automobile insurance in the voluntary market, disqualification from purchasing automobile insurance while driving privileges are suspended, and the need to pay a restoration fee to regain driving privileges when the suspension term expires.

Because of the severe penalties, anyone charged with driving while suspended or revoked needs representation by counsel who will carefully examine whether, on the basis of all of the information available, the state will be able to prove all of the essential elements of the offense. Should a driver decide for any reason to plead guilty to the charge, it is critical that counsel be available to carefully explore all options that may be available to reduce the sentencing consequences. Our 70 years of combined experience can be put to work for you in pursuit of a resolution to the charges against you.

Space considerations limit the legal information that we can provide here. This information is not intended as legal advice as many legal principles that may pertain to your case are not included here. We encourage you to contact our ofice to discuss your specific circumstance and to obtain the knowledgeable legal advice you need to address the charge you are facing.

Contact a New Jersey traffic ticket attorney to discuss your rights and an effective defense against a charge of driving with a suspended license.