If you are convicted of a DWI, NJ cannot suspend your NY license only your privilege to drive in NJ. They therefore assign you a NJ license number to enter into the computer in order to keep track of the case. NJ case law requires out of state drivers to pay the surcharge and to reinstate their privileges with the restoration fee. When you were stopped again they processed the 3-40 (driving revoked) on the assigned number and the moving violation on your NY license. You should retain an experienced criminal defense attorney. The charges are serious on the face on it plus in NJ if you did not reinstate your license there is case law that you are driving on DWI revoked and that has mandatory jail time as well. Call with more information.
I am unclear what you are trying to achieve? It looks like you now live in NJ, but when in 2005 and 2007 you lived in NY? Assuming you now have NJ license and have prior convictions in NY for DUI, in NJ the prior conviction would be counted as a prior DUI for sentencing purposes in NJ. Until you restore your license in NJ, whenever you are pulled over you will be issued, at least, a 39:3-40 (suspended or revoked license). Contact your local Motor Vehicle Commission and ask what you need to do in order to restore your license.
Andres Mejer 9 Memorial Parkway, suite B Long branch, NJ 07740 220 Third Street Lakewood, NJ 08701 732-962-1805 www.AndresMejerLaw.com
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