Driving with a Suspended License Ticket in New Jersey
Elizabeth, NJ Driving with a Suspended License Attorney
Driving with a suspended license (NJSA 39:3-40) is a serious traffic violation in New Jersey that can result in harsh penalties, such as fines, points, jail time, and insurance hikes. If you have been charged with driving with a suspended license, you may be wondering what it means, what are the consequences, and how you can fight it. In addition to receiving a driving while suspended ticket, you might also face a speeding ticket, careless driving ticket, reckless driving ticket, or a leaving the scene of an accident ticket. If you or a loved one is facing a driving with a suspended license ticket in New Jersey, then you should consider contacting Attorney Brett M. Rosen. Here’s why:
- Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
- Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
- Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
- High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
- Recognition: He has been recognized as a Rising Star by Super Lawyers.
If you or a loved one is facing a driving with a suspended ticket in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential NJSA 39:3-40 case.
What is Driving with a Suspended License in New Jersey?
According to New Jersey Law Section 39:3-40, driving with a suspended license is defined as:
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.
Driving with a suspended license is a broad and subjective term that can cover a variety of situations. Some examples of driving with a suspended license are:
- Driving after your license has expired
- Driving after your license has been suspended for unpaid tickets, surcharges, or child support
- Driving after your license has been suspended for a DUI, reckless driving, or other serious offense
- Driving after your license has been suspended for accumulating too many points
- Driving after your license has been suspended for medical reasons
Driving with a suspended license is different from driving without a license, which is a less serious offense that involves driving without ever having obtained a license or having a license that is not valid in New Jersey. Driving without a license carries lower penalties and fewer points than driving with a suspended license.
What are the Penalties for Driving with a Suspended License in New Jersey?
If you are convicted of driving with a suspended license in New Jersey, you may face the following penalties:
First Offense Driving with a Suspended License
- A fine of $500 for a first offense
- A n additional loss of license privileges for up to six months
- Court costs of $33
- A possible surcharge of $150 or more if you accumulate six or more points within three years
- A possible increase in your insurance premiums
Second Offense Driving with a Suspended License
- $750 for a second offense
- A possible jail time of at least one (1) and up to five (5) days for a second offense
Third or Subsequent Offense of Driving with a Suspended License
- $1,000 for a third or subsequent offense
- A possible jail time of 10 days for a third or subsequent offense
- A possible extension of your license suspension for an additional period of time determined by the court
- If the third or subsequent offense is suspended and occurs within five years of a conviction for the same offense, then the revocation of the violator’s car/vehicle registration privilege can be issued
First offense | Second Offense | Third Offense |
· Fine of up to $500 | · Fine of up to $750 | · Fine of up to $1,000 |
· Loss of license for up to 6 months | · Loss of license and jail time of up to 5 days | · Loss of license and jail time of up to 10 days |
In addition, whether it’s a first, second, or third offense, if there is an accident that results in bodily injury of another person, then the court must impose a jail term of not less than 45 days and no more than 180 days.
However, the penalties for driving with a suspended license may vary depending on the circumstances of the case, such as the severity of the offense, the reason for the suspension, the number of prior violations, and the discretion of the judge.
The following are the points that are added to your driving record for driving with a suspended license violations in New Jersey:
- Driving with a suspended license: 3 points
- Driving with a suspended license for a DUI or refusal: 9 points
The points are doubled for violations involving driving at least 20 miles per hour over the limit or at least ten miles per hour over a 65-mile-per-hour limit.
How to Fight a Driving with a Suspended License Ticket in New Jersey?
If you have received a driving with a suspended license ticket in New Jersey, you have the right to plead not guilty and contest the charge in court. You may have several defenses available, depending on the facts of your case. Some possible defenses are:
- Challenging the evidence or the testimony of the officer or the witness
- Showing that you were never given notice of the suspension or the reason for the suspension
- Proving that you had a valid reason or excuse for driving with a suspended license
- Negotiating a plea bargain with the prosecutor to reduce the charge or the penalties
- Statute of limitations for a driving while suspended is 30 days, if the ticket is issued within that time this could be a defense
To fight a driving with a suspended license ticket in New Jersey, you may need the help of a professional attorney who has experience and expertise in traffic law. An attorney can advise you on the best course of action, represent you in court, and protect your rights and interests. Contact our office today to discuss your driving with a suspended license ticket.
Double Trouble: DUI Suspension and DWS in New Jersey
In New Jersey, a DUI/DWI conviction typically leads to a driver’s license suspension. However, getting caught driving during that suspension period carries much harsher penalties than a regular DWS offense.
Understanding the Enhanced Penalties:
First Offense: If this is your first time driving on a suspended license due to a DUI/DWI, you’re facing:
- A mandatory jail sentence of 10 to 90 days.
- A fine of $500.
- An additional 1-2 year suspension added to your existing suspension (meaning you’ll wait even longer to get your license back).
Second or Subsequent Offense: This is considered a fourth-degree crime (similar to a felony) and carries much steeper penalties:
- Potential prison sentence of up to 18 months.
- A fine of up to $10,000.
- Additional license suspension added to your existing one.
Facing a DWS After DUI Suspension Charge? Here’s What To Do:
Don’t Panic, But Act Quickly: This is a serious offense, and consulting with an experienced New Jersey traffic attorney, such as Brett M. Rosen, is crucial.
Gather Information: Recall the incident and gather any documentation that might support your case (proof of hardship due to needing to drive, any misunderstandings about the suspension).
Explore Your Options: Your lawyer can advise on potential defenses, like challenging the legality of the stop or arguing for a reduced charge.
Contact our office today for a consultation regarding you or your loved one’s driving while suspended during a DUI/DWI suspension period.
Frequently Asked Questions (FAQs)
- What are the penalties for driving with a suspended license in New Jersey?
- Answer: The penalties for driving with a suspended license in New Jersey can be severe. For a first offense, you may face a $500 fine and a possible additional license suspension of up to 6 months. A second offense can result in a $750 fine, an additional license suspension of up to 6 months, and up to 5 days in jail. For a third or subsequent offense, the penalties increase to a $1000 fine, an additional license suspension of up to 6 months, and imprisonment for 10 days.
- Can the court extend my license suspension if I’m convicted of driving with a suspended license?
- Answer: Yes, the court can extend your license suspension if you are convicted of driving with a suspended license. The duration of the extension depends on the number of prior offenses and the specific circumstances of your case.
- Are there any legal defenses to a charge of driving with a suspended license?
- Answer: There may be legal defenses available, depending on the facts of your case. For example, if the prosecutor cannot prove that you were actually operating the vehicle or that you were aware your license was suspended, these could be potential defenses. It’s important to consult with a legal professional to explore all possible defenses.
- What are some common reasons for license suspension in New Jersey?
- Answer: Common reasons for license suspension in New Jersey include accumulating 12 or more points on your driving record, failure to pay motor vehicle surcharges, failure to pay child support, and driving under the influence (DUI) convictions.
- Is there a temporary or provisional license available for those with a suspended license in New Jersey?
- Answer: No, New Jersey does not offer any temporary, provisional, or “work” licenses that allow you to drive during certain hours of the day or for specific purposes like commuting to work. If your license is suspended, you are not permitted to drive at all.
- What should I do if I’m caught driving with a suspended license in New Jersey?
- Answer: If you’re caught driving with a suspended license in New Jersey, it’s crucial to seek legal advice immediately. An attorney can help you understand the charges against you, the potential penalties, and any defenses that may be available to you.
Premier N.J. Driving with Suspended License Lawyer
Driving with a suspended license is a serious traffic violation in New Jersey that can have negative consequences for your driving record, your finances, and your freedom. If you have been charged with driving with a suspended license, you should not take it lightly or ignore it. You should consult with a qualified attorney and explore your options to fight the charge and minimize the impact on your life. There are many reasons why you might want to hire Brett M Rosen for your driving with a suspended license ticket. Here are some of them:
- He is a criminal defense and personal injury lawyer based in New Jersey.
- He has over eight years of experience in handling criminal cases, including DUI, drug crimes, domestic violence, sex crimes, theft, and violent crimes.
- He has been recognized as one of the top criminal defense attorneys of 2023 by the American Reporter. He has also been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
- He has tried numerous cases and has stood ‘toe to toe’ at trial against current and former prosecutors, certified criminal and civil trial attorneys, as well as a certified matrimonial attorney. He has also handled some high-profile cases involving celebrities and reality stars.
- He has received excellent reviews from his past clients, who praised his professionalism, knowledge, aggressiveness, communication skills, and results. One client even called him “Ryan Gosling” of lawyers.
- He offers free consultation and reasonable fees for his services.
If you are looking for a lawyer who can defend you from your driving with a suspended license ticket, Brett M Rosen might be a good choice for you. Contact our law firm today to discuss your case.