New Jersey Driving with a Suspended or Revoked License Attorney
Experienced Traffic Defense Attorney Represents Clients Accused of Driving with a Suspended or Revoked Driver’s License in Burlington County, New Jersey
There are many reasons why your license can be suspended or revoked in New Jersey. These reasons include:
- 12 or more points on your driver’s license
- Driving while intoxicated (DWI)
- Driving under the influence of drugs
- Driving a motor vehicle without insurance
- Reckless driving
- Causing a fatal car accident
- Failure to make a court-ordered appearance
- Failure to pay surcharges
- Abandonment of a motor vehicle on a public highway
- And more
In New Jersey, driving with a suspended or revoked driver’s license carries significant potential penalties, particularly for multiple offenders. The relevant statute is N.J.S.A. 39:3-40, which says that “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.”
Conviction for a first offense results in a fine of $500 (see N.J.S.A. 39:3-40(a)); conviction for a second offense calls for a fine of $750 and at least one but not more than five days in the county jail (see N.J.S.A. 39:3-40(b)); conviction for a third or subsequent offense calls for a fine of $1,000 and a 10-day jail sentence. In addition, section (d) of the statute prescribes that the court shall impose or extend a period of suspension not to exceed six months.
However, the penalty gets even stiffer if there’s an accident involving bodily injury to another person. In that case, the court imposes a period of imprisonment of at least 45 days but no more than 180 days. And other enhanced penalties may also be prescribed in certain circumstances—in the case of intoxication, for example.
Moreover, driving with a suspended license results in a $250 surcharge for three years (for a total surcharge of $750). This is an addition to any point violation surcharges, which can result in you being surcharged annually for three years.
Incidentally, ignoring notices requesting payment of surcharges will result in a suspended driver’s license, per the New Jersey Motor Vehicle Commission’s Surcharge page. And if you fail to make surcharge payments after receiving a Suspension Order, a “certificate of debt” is filed with the Superior Court, which allows the State to collect unpaid surcharges without your consent. Also known as a “judgment,” such judgements prevent the sale of personal property, can lead to wage garnishment, and are reported to the major credit bureaus. Meanwhile, the Suspension Order remains active until you make the required surcharge payment and the Motor Vehicle Commission’s $100 license restoration fee.
Moving away from New Jersey does not allow you to escape punishment, because if your driving privileges are suspended by the State, you are reported to the National Driver Registry, which other states review before issuing or renewing a driver’s license.
Contact an Experienced Defense Attorney in NJ to Schedule a Free Consultation Today
If you’ve been charged with driving on a suspended or revoked license in any of the following New Jersey counties, contact the Law Offices of Michele Finizio for a free, confidential consultation.
- Burlington County
- Camden County
- Atlantic County
- Gloucester County
- Mercer County
Over the years we have successfully represented many individuals accused of driving on a suspended or revoked license and we can provide strong, aggressive representation to minimize or perhaps even avoid the penalties prescribed by law. Don’t wait to contact us; if you delay retaining counsel it could negatively impact your case. You can contact us online 24 hours a day/seven days a week. We pride ourselves on returning calls promptly.
At the Law Offices of Michele Finizio we offer reasonable fees, custom payment plans, and also accept Visa®, Mastercard® and American Express® cards. Our offices are located on East Main Street in Moorestown, across from the Community Center, but we also make appointments to see clients at home, in jail, or at the hospital. Evening and weekend appointments are available as well. We frequently represent residents of Mt. Laurel, Cherry Hill, Medford, Maple Shade, Cinnaminson, Gloucester City, Voorhees, and of course, Moorestown, as well as many other local communities.
Frequently Asked Questions about Driving with a Suspended or Revoked License in New Jersey:
Per the New Jersey Motor Vehicle Commission’s Restoring your License or Registration page, points are only added to your driving record for moving violations. Points are not assessed for parking and other non-moving violations. However, you license will be suspended if you get 12 or more points on your driving record; points on your license are also likely to cause a dramatic increase in your auto insurance rates.
For a first offense of driving while suspended the penalty is a fine of $500 and license suspension of up to six months. In addition, driving with a suspended license results in a $250 surcharge for three years (for a total surcharge of $750). Penalties for second, third and subsequent offenses are steeper and also include jail time.
Yes, for a second, third or subsequent offense. Part of the penalty for a second offense is one to five days in jail; conviction for a third or subsequent offense includes a 10-day jail term. Various other penalties apply as well, and the consequences are even more serious if your license was suspended because you were found driving under the influence (DUI) or driving while intoxicated (DWI).