Facing a charge of Driving While Suspended (N.J.S.A. 39:3-40) in Union Township, Union County, New Jersey? Don’t underestimate the seriousness of this offense. A conviction can lead to significant fines, additional license suspension, and even potential jail time. Brett M. Rosen, Esq. is an experienced traffic defense attorney who provides aggressive and knowledgeable representation to clients facing driving while suspended charges in Union Township Municipal Court and throughout Union County. He will fight to protect your driving privileges and minimize the penalties. Contact him today at 908-312-0368 for a free consultation. 

Understanding Driving While Suspended in Union Township, NJ (N.J.S.A. 39:3-40)

Driving while your license is suspended or revoked in New Jersey is a serious traffic violation governed by N.J.S.A. 39:3-40. It’s crucial to understand that this is not simply a minor traffic ticket. The penalties can be severe and escalate with repeat offenses. Your license can be suspended for a variety of reasons, including:

• DUI/DWI convictions
• Accumulation of too many motor vehicle points
• Failure to pay fines or surcharges
• Failure to appear in court
• Failure to maintain car insurance
• Certain criminal convictions
• Failure to pay child support

It is essential to note that knowledge of the suspension is a key element the prosecution must prove. However, the law creates a presumption of knowledge if the suspension notice was properly mailed to your last known address on file with the NJMVC. This is why it’s vital to keep your address updated with the MVC.

Penalties for Driving While Suspended in Union Township (N.J.S.A. 39:3-40)

The penalties for driving while suspended in New Jersey are tiered and increase with subsequent offenses. Here’s a breakdown of the potential consequences:

First Offense:

• Fine: $500
• Additional License Suspension: Up to six months.
• Possible Jail Time: Up to, but no more than 90 days if the original suspension was due to a prior driving while suspended conviction within the past five years. This is rare on a first offense unless the underlying suspension was for driving without insurance.

Second Offense:

• Fine: $750
• Additional License Suspension: Up to six months.
• Mandatory Jail Time: 1 to 5 days.

Third and Subsequent Offenses:

• Fine: $1,000
• Additional License Suspension: Up to six months.
• Mandatory Jail Time: 10 days.

Enhanced Penalties (Specific Circumstances):

• Suspension Due to DUI/DWI: If your original suspension was due to a DUI/DWI conviction, the penalties are significantly harsher, including mandatory jail time even on a first offense, higher fines, and a longer additional suspension (1-2 years).
• Court Surcharges: you will have to pay surcharges of $250 a year for three years.

It is critical to note that these are minimum penalties. The judge has discretion to impose higher fines and longer jail sentences within the statutory limits.

Potential Defenses Against Driving While Suspended Charges in Union Township

While a driving while suspended charge is serious, effective defenses often exist. Brett M. Rosen, Esq. will meticulously investigate your case and explore all possible legal options, which may include:

• Lack of Knowledge: As mentioned earlier, the prosecution must prove you knew your license was suspended. If the NJMVC did not properly notify you, or if you had a legitimate reason to believe your license was valid, this can be a strong defense. This may involve challenging the mailing records of the NJMVC or presenting evidence of extenuating circumstances.
• Emergency Situation: In very limited circumstances, driving while suspended might be justifiable if it was necessary to prevent imminent harm (e.g., rushing someone to the hospital). This defense is difficult to prove and requires strong evidence.
• Mistaken Identity: If the officer made an error in identifying you as the driver, this can be a defense.
• Improper Stop: If the police officer did not have a valid legal reason to stop your vehicle in the first place (e.g., no traffic violation, no reasonable suspicion), the entire case could be dismissed.
• Negotiation: Mr. Rosen can negotiate with the prosecutor to potentially reduce the charges, minimize the penalties, or seek alternative resolutions, such as a conditional dismissal or a plea to a lesser offense. This is often the most realistic path to a favorable outcome.
• Hardship Asking the judge to reduce the sentence because it would cause a substantial hardship.

Frequently Asked Questions (FAQ) about Driving While Suspended in Union Township

Q: I didn’t know my license was suspended. Can I still be convicted?

A: The prosecution must prove you had knowledge of the suspension. However, the law presumes you had knowledge if the NJMVC properly mailed the notice to your last known address. Challenging this presumption is a key defense strategy.

Q: Will I go to jail for driving while suspended?

A: Jail time is possible, especially for repeat offenses or if your original suspension was due to a DUI/DWI. However, an experienced attorney can often negotiate to avoid or minimize jail time.

Q: Can I get a hardship license to drive to work if my license is suspended?

A: New Jersey does not offer hardship licenses. You cannot legally drive in New Jersey while your license is suspended, even for work or essential errands.

Q: How long will my license be suspended if I’m convicted?

A: The length of the additional suspension depends on the number of prior offenses and the reason for the original suspension. It can range from months to years.

Q: Can I fight the original suspension that led to this charge?

A: Potentially, yes. If the underlying suspension was invalid, it could provide a defense to the driving while suspended charge. Mr. Rosen can review the circumstances of your original suspension.

Q: What should I do if I’m pulled over for driving while suspended?

A: 1. Be polite and respectful to the officer. 2. Provide your driver’s license (if you have it, even if suspended), registration, and insurance information. 3. Say as little as possible beyond providing the required documents. 4. Contact Brett M. Rosen, Esq. as soon as possible.

Contact Brett M. Rosen, Esq. Today

A driving while suspended conviction can have serious consequences. Don’t face these charges alone. Contact Brett M. Rosen, Esq. for a confidential consultation. He will protect your rights and fight for hopefully the best possible outcome in your case. 

908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: The information provided on this website, including all pages and blog posts, is for general informational and educational purposes only and does not constitute legal advice. This website is maintained by or on behalf of Brett M. Rosen, Esq., a New Jersey attorney. The content presented here is intended to be a general overview of New Jersey law and should not be considered a substitute for a consultation with a qualified attorney.