Essex County Driving While Suspended Lawyer
If you have been issued a summons for driving on the suspended list in New Jersey, it is imperative that you consult an experienced lawyer to help answer many of the questions you have. The penalties for driving on the revoked list are costly, including an extended lose of driving privileges, surcharges, monetary fines, and possible jail time.
The law that penalizes driving on the revoked list is complex and confusing. There are many grey areas. This provides an experience municipal court lawyer fertile ground to generate your defense. These cases can be won with regularity if you take the right steps and act early. Call the New Jersey Law Firm of Todd D. Palumbo today to have your questions answered.
In the sections that follow, please pay close attention to the enhanced penalties that may be imposed for subsequent offenses, and for certain first time convictions when aggravating factors are involved. Please contact the Law Office of Todd Palumbo today for your free consultation and case assessment. The first step in fighting this serious charge is hiring an experienced Essex County traffic defense attorney. We can help and will respond to your call 24/7
New Jersey Driving on Suspended License: N.J.S.A. 39:3-40
The penalties for the motor vehicle offense of driving with a suspended license are set forth in N.J.S.A. 39:3-40. Rather the provide the statute in its entirety, this article will summarize the penalties in this section.
First Offense Driving While Suspended
Penalties for a first offense include a fine of $500, a surcharge of $250 per year for three years, and potential loss of license for 6 months.
Second Offense Driving While Suspended
Penalties for a second offense include $750 in fines, an additional license suspension for up to 6 months, a mandatory jail sentence of not less than 1 day and not more than five, and $250 in surcharges for 3 years.
If the second offense occurs within 5 years of the last, upon conviction, the court will impose a mandatory suspension of the defendant’s registration privileges for period equal to the time of license revocation.
Third Offense Driving While Suspended
The penalties for a third offense include a $1000 fine, MANDATORY 10 DAYS in jail, and substantial period of license suspension. There is no mandated period of suspension, however, the court will usually take aggressive action. The loss of registration privileges also applies to this section.
Suspensions Due to Parking Tickets
Many of the harsh penalties can be avoided if the underlying suspension is the result of unpaid parking tickets. Nonetheless, the penalties are still severe. More importantly, a conviction for driving while suspended or revoked regardless of the reason will serve to enhance penalties for future offenses. Therefore, it is paramount that you contact an experienced Essex County traffic ticket lawyer to review your case to ensure that your rights are protected.
In some circumstances, the penalties for a first offense may be enhanced. For example, if your license was suspended for a DWI conviction (in any state), in addition to the penalties above, you will also face an additional $500 in fines, a loss of driving privileges for not less than one and not more than two years, and upon conviction, you will be sentenced to a mandatory minimum of at least TEN DAYS IN JAIL. YOU CAN BE SENTENCED UP TO 90 DAYS. Your registration privileges will also be suspended.
Remember, these penalties are in addition to any others you may be facing for a conviction under the non-enhanced section of the statute. If your license is suspended for a DWI offense, any suspension imposed for driving on the revoked list will not begin until after the suspension for the DWI has ended.
Ehanced Penalties: Accident with Bodily Injury
In addition to any other penalties imposed, if you are in an accident causing bodily injury to another, upon conviction you will be sentenced to not less than 45 days in jail and not more than 6 months.
Please note that the state must prove that the accident caused bodily injury to another.
Ehanced Penalties: Suspensions for No Insurance
If you are convicted of driving on the revoked list in New Jersey while your license was suspended for no insurance, you will face jail of up to 90 days, an additional loss of licens for 1 to 2 years, and $500 fines.
If you have been charged with driving while suspended in New Jersey, please call our law office today. Todd Palumbo is an experienced municipal court and criminal defense lawyer. This article, although thorough, does not cover all that possible pitfalls that you may face. Attorney Todd Palumbo understands the law and will leave no stone unturned in his preperation of your defense.The Law Office of Todd D. Palumbo serves all of New Jersey, including Newark, Montclair, Short Hills, Bloomfield, West Orange, Livingston, Nutley, the Caldwells, Irvington, Roseland, Cedar Grove, the Oranges, Fairfield, Millburn, Summit, Belleville, and Essex County