New Jersey Driving Without a License Attorney
Experienced Traffic Defense Attorney Represents Clients Accused of Driving Without a License in Burlington County, NJ
In New Jersey, driving without a license—either without a prior license or with proof of prior license—is a serious violation of the state’s traffic violation laws. The relevant New Jersey statute covering licensing of drivers is N.J.S.A. 39:3-10, which tells us that the penalty for driving without a license in New Jersey (with proof of prior license) is a fine of up to $500 or imprisonment in the county jail for up to 60 days. The penalty for driving without a license in New Jersey (no prior license in any jurisdiction) is a fine of at least $200. It also makes you ineligible to receive a license for at least 180 days.
In addition, an individual who violates the conditions or restrictions of a conditional or restricted driver’s license “shall be subject to a fine not exceeding one hundred dollars ($100.00) or imprisonment for a term not exceeding thirty days, or both” (N.J.S.A. 39:3-11).
Finally, N.J.S.A. 39:3-37.1(a) makes it clear that you cannot lend your driver’s license to another person, and N.J.S.A. 39:3-37.1(b) advises that “a person who owns, leases or otherwise has control or custody of a motor vehicle … shall not allow that motor vehicle to be operated by an unlicensed driver.” The penalty for violating 39:3-37 is a fine of between $200 and $500, imprisonment for a maximum of 15 days, or both. Moreover, you can be liable for injuries or property damage if you allow an unlicensed driver to drive and an accident occurs.
In order to receive a driver’s license in the Garden State, you need photo identification and the ability to pass a vision test, as well as an exam that shows you understand traffic control devices and are knowledgeable about safe driving practices. Finally, you need to pass a “road test” and pay the required fee for a license, all of which is prescribed under N.J.S.A. 39:3-10.
Defenses for Driving Without a License in Burlington County, New Jersey
When it comes to this particular offense, the prosecution has the burden of proof but it’s a low bar for the prosecution to get over because it’s typically easy to show that you were operating a motor vehicle and failed to possess a driver’s license at the time. As such, the options for a defense are frequently limited—an emergency situation or holding a valid license in another state being two of the most common successful defenses.
However, even if the prosecution can meet its burden of proof, that doesn’t necessarily mean you will be penalized to the fullest extent of the law. An unlicensed driver charge frequently results in a plea bargain, where the defendant pleads guilty in exchange for a reduced sentence or conviction of a less serious crime. An experienced traffic ticket attorney can help you understand the charges, develop a defense strategy and negotiate a plea agreement on your behalf, all with an eye toward ensuring that your rights and best interests are protected.
Contact an Experienced Defense Attorney in Burlington County, NJ to Schedule a Free Consultation Today
If you’ve been charged with driving without a license—or with allowing an unlicensed driver to drive—in any of the following 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 without a license. So if you or a family member has been charged with driving without a license, we can provide strong, aggressive representation to minimize or perhaps even avoid the penalties prescribed by law.
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. We pride ourselves on returning calls promptly. Evening and weekend appointments are available as well. Contact us online 24 hours a day/seven days a week, or call us via phone.
Frequently Asked Questions about Driving Without a License in New Jersey
Yes, the penalty for driving without a license in New Jersey includes potential jail time—up to 60 days. In addition, if you lend your driver’s license to another person or allow a motor vehicle to be operated by an unlicensed driver, the penalty may include up to 15 days in jail.
The financial penalty for driving without a license in New Jersey (with proof of prior license) is a fine of up to $500. The financial penalty for driving without a license in New Jersey (no prior license in New Jersey or any other jurisdiction) is a fine of at least $200. The financial penalty for violating the conditions or restrictions of a conditional or restricted driver’s license is a fine of no more than $100. However, there may be other financial penalties and consequences in addition to the ones listed above, including jail time, suspension of your ability to secure a license, plus fines and surcharges.
According to the New Jersey Motor Vehicle Commission, driving without a license is a violation that results in an annual surcharge for three years–$100 per year for a total of $300. This is in addition to any point violation surcharge that may be in effect. That is, “if you accumulate six or more points within three years from your last posted violation, you receive a $150 surcharge plus $25 for each additional point over six. A surcharge based on accumulated points can result in you being surcharged annually for three years.”