Driving with a Suspended License in New Jersey – N.J.S.A. 39:3-40 – NJ Traffic Defense Lawyer

“Driving while Suspended in NJ is a serious traffic violation that can result in additional license suspension, fines, insurance hikes, and even jail time.”

Traffic Attorneys with Offices in Hackensack, Morristown, and Newark NJ

Driving with a Suspended License N.J.S.A. 39:3-40

Not being able to drive can present a serious problem when you need to work, take care of your children, or simply conduct the activities of your daily life. Unfortunately, having a suspended driver’s license prohibits you from doing just that. In New Jersey, your license can be suspended for a wide variety of reasons, ranging from unpaid child support to a conviction for another offense such as driving under the influence (DUI). If you are charged with driving with a suspended license in New Jersey, the consequences can be severe. You may face an extended period of license suspension, heavy fines, and even a jail sentence. If you find yourself in this precarious position, you need an experienced traffic lawyer who can fight to have the charges dismissed or work to minimize your exposure as much as possible.

Travis J. Tormey is an experienced criminal defense attorney who serves on behalf of clients facing a vast array of charges, ranging from traffic violations to indictable crimes across New Jersey. With offices in Hackensack, Morristown, Newark, Collingswood, and Middletown, Mr. Tormey and his team of defense lawyers appears in courts throughout New Jersey on a regular basis, including Lyndhurst, Garfield, Paramus, and Palisades Park. The Tormey Law Firm has specifically formulated tactics to combat charges such as reckless driving, DWI , and driving with a suspended license. Our approach involves extensive investigation to identify the nuances involved in each case in order to develop the best possible defense strategy. With thousands of successes in New Jersey Municipal and Superior Courts, we have earned a reputation for excellence. In fact, Mr. Tormey has been cited as a legal resource in a number of prominent publications, including The Daily Record and The Bergen Record, as well as the AOL News. For a free consultation with a knowledgeable traffic attorney about your driving with a suspended license charges, contact us anytime at (201) 556-1570.

Driving with a Suspended License Law: N.J.S.A. 39:3-40

In New Jersey, all traffic violations are governed under Title 39. Driving with a Suspended License violations are detailed specifically in N.J.S.A. 39:3-40.

According to N.J.S.A. 39:3-40:

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.

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.

Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:

a. Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended for a violation of NJSA 39:4-50 or section 2 of P.L.1981, c.512 (NJSA 39:4-50.4a), revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

d. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person.

f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.

(2) In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.

(3) In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:

(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

NJ Penalties for Driving with a Suspended License

As the above statute stipulates, Driving with a Suspended License is a serious traffic violation in New Jersey, which can result in penalties including a prison term and a period of license suspension. The penalties associated with this particular offense can entail the following:

First Offense Driving with a Suspended License:

  • A fine of up to $500.00
  • A license suspension of up to 6 months

First Offense Driving with a Suspended License (Suspension Resulting from DWI):

  • A fine of up to $500.00
  • A license suspension ranging from 1 to 2 years
  • A sentence to serve between 10 and 90 days in the jail of the county in which the offense occurred

Second Offense Driving with a Suspended License:

  • A fine of up to $750.00
  • A sentence to serve between 1 and 5 days in the jail of the county in which the offense occurred
  • A license suspension of up to 6 months

Third Offense Driving with a Suspended License:

  • A fine of up to $1,000.00
  • A sentence to serve 10 days in the jail of the county in which the offense occurred
  • A license suspension of up to 6 months

Contact New Jersey License Suspension Lawyers for a Free Consultation about Your Driving Suspended Case

If you or someone you love has been charged with Driving with a Suspended License, contact an experienced New Jersey traffic defense attorney who can assist you in achieving the best possible outcome in your case. The attorneys at The Tormey Law Firm are here to help. We provide free consultations and are available to answer all of your questions. Call us today at (201)-556-1570 or online.

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With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

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