If you are charged with violating N.J.S.A. 39:3-40, you are accused of Driving While Suspended–operating a motor vehicle while your driving privileges are suspended or revoked. A conviction for Driving While Suspended carries serious consequences.

The violation of Driving While Suspended is set forth at NJSA 39:3-40. This section states, “no person to whom a drivers 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.” The statute also addressed revoked registrations: “No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.”

PENALTIES

If you are convicted for Driving While Suspended, you will face serious penalties. If it is your first offense, you will be fined $500.00, assessed surcharges by the Motor Vehicle Commission of $250.00 per year for 3 years and lose your driver’s license for up to six months. For a second offense, you will be fined $750.00, imprisoned in the county jail for not more than 5 days, assessed surcharges by the Motor Vehicle Commission of $250.00 per year for 3 years and lose your driver’s license for up to six months. For a third offense, you will be fined $1000.00, imprisoned in the county jail for a mandatory 10 days, assessed surcharges by the Motor Vehicle Commission of $250.00 per year for 3 years and lose your driver’s license for up to six months. If while operating your vehicle in violation of the Driving While Suspended statute you were involved in an accident resulting in personal injury to another person, the court must impose a period of imprisonment for not less than 45 days.

If you Operate a Motor Vehicle while Suspended due to a drunk driving conviction, you will face additional, enhanced sentencing. If convicted, you will be fined an additional $500, have your license suspended for an additional one year nor more than two years and must be imprisoned in the county jail for 10 to 90 days. You will also be surcharged a mandatory $250.00 per year for 3 years by the Motor Vehicle Commission.

If you Operate a Motor Vehicle While Suspended due to driving without insurance, you will also be subject to additional, enhanced penalties. If convicted you will be fined an additional $500, have your license suspended for an additional one to two years, and may be imprisoned in the county jail for 10 to 90 days. You will also be surcharged a mandatory $250.00 per year for 3 years by the Motor Vehicle Commission.

A license suspension can happen in one of two ways: it can be court imposed as a result of a sentence, or it can be administrative by the Motor Vehicle Commission.

If you were on the suspension list because you were suspended in court by a judge for a violation, you have very limited defenses since you were notified of your suspension on the record in court. When your driving privileges are suspended in court and you are accused of a subsequent Driving While Suspended violation, the State only needs to introduce a certified abstract from the Motor Vehicle Commission. A possible defense occurs when you were not notified in court of your suspension or you were not present. The Shamy Law Firm in Point Pleasant and Wall can help you determine if this defense applies to you.

If you were suspended administratively by the Motor Vehicle Commission, the State must introduce the following into evidence to prove you guilty beyond a reasonable doubt:

1. Notice of scheduled suspension.
2. Proof of mailing notice.
3. Order of suspension.
4. Proof of mailing order.
5. Certified motor vehicle abstract

Our experienced attorneys at The Shamy Law Firm in Point Pleasant can help you determine whether you have a defense to your Driving While Suspended ticket.