LEGAL GUIDE
Written by attorney Benjamin G Kelsen | Nov 28, 2012

What Are The Penalties For A Violation Of N.J.S.A. 39:3-40 Driving While Suspended?

N.J.S.A. 39:3-40 Driving While Suspended Offense 39:3-40 driving while license suspended- general provision 1st Offense - $500 fine, and - drivers license suspension not to exceed 6 months -9 car insurance eligibility points for each violation $750 DMV surcharges 2nd Offense - $750 fine, and - drivers license suspension not to exceed 6 months, and - imprisonment 1- 5 days, -9 car insurance eligibility points for each violation $750 DMV surcharges and - if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of registration certificate for the period drivers license is suspended (see N.J.S.A. 39:3-40.1) 3rd or Subsequent Offense - $1000 fine, and - drivers license suspension not to exceed 6 months, and - imprisonment for 10 days, -9 car insurance eligibility points for each violation $750 DMV surcharges and - if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of registration certificate for the period drivers license is suspended (see N.J.S.A. 39:3-40.1) Note: For all offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e). If the accident results in the death of another person, then the defendant shall be guilty of a crime of the third degree and the defendants drivers license shall be suspended for an additional period of one year. If the accident results in serious bodily injury to another person, then the defendant shall be guilty of a crime of the fourth degree and the defendants drivers license shall be suspended for an additional period of one year. There are defenses available to you. You should definitely call to discuss further. In fact, just this week I saw a person who plead guilty, got a huge fine and further suspension just because they did not know the law. The judge then explained the law to them and told them to get a lawyer. The person then said I just want this over with and walked away with a huge fine, jail time, and a suspension WHEN THEY DID NOT NEED TO DO SO!!!! The judge practically told the person that if they spoke to a lawyer they would probably have the charged dismissed and the person was not listening and did not get it. Moral of the story: CALL AN ATTORNEY NOW!!! :)

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