The Law Offices of Christopher T. Campbell

Traffic

Driving While Suspended

The penalties for driving while suspended depend on why you your license was suspended to begin with.  There are many different types of reasons as to why your license could be suspended.  These include:

  • Suspension by a municipal court judge for traffic offenses

  • Administrative suspension by the NJ Motor Vehicle Commission

  • Failing to appear in court or comply with a payment obligation

  • Conviction of a drug offense

  • Driving without car insurance

  • Failing to pay a MVC surcharge

  • Driving While Intoxicated

  • Failure to restore a suspended license

  • Failure to pay a parking ticket

  • Accumulation of 12 to 14 points within a two-year period

  • Failure to install ignition interlock device

  • Misrepresentation on a driver’s license application

  • Refusing to take a chemical breath test

  • Driving without insurance

  • Failing to pay an accident victim after a lawsuit

  • Not appearing in court on a scheduled date

  • Abandoning a vehicle

  • Leaving the scene of an accident

  • Failure to pay child support

  • Loaning your license or car to a suspended driver

 

WHEN YOUR LICENSE WAS SUSPENDED FOR MOST REASONS:

1st Offense

  • $500 fine

  • Loss of driver's license for up to 6 months

2nd Offense

  • $750 fine

  • Loss of driver's license for up to 6 months

  • Up to 5 days in jail

  • 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 driver’s license is suspended (see N.J.S.A. 39:3-40.1)

3rd or Subsequent Offense

  • $1000 fine

  • Loss of driver's license for up to 6 months

  • 10 days in jail

  • 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 driver’s license is suspended (see N.J.S.A. 39:3-40.1)

WHERE YOUR LICENSE WAS SUSPENDED FOR LACK OF INSURANCE

1st Offense

  • $1000 fine

  • Driver’s license suspension between 12-30 months

  • Up to 90 days in jail

2nd Offense

  • $1250 fine

  • Driver’s license suspension between 12-30 months

  • Up to 90 days in jail

  • If 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of registration certificate for period driver’s license is suspended (see N.J.S.A. 39:3-40.1)

3rd or Subsequent Offense

  • $1500 fine

  • Driver’s license suspension between 12-30 months

  • 10-90 days in jail

  • 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 driver’s license is suspended (see N.J.S.A. 39:3-40.1)

 

DRIVING WHILE SUSPENDED FOR DWI

  • In addition to the penalties for driving while suspended, an additional $500 fine

  • Additional suspension of one to two years

  • 10-90 days in jail

  • Suspension of the operator’s registratio

If it is a second, third, etc., conviction for driving while suspended, when the original suspension was for DWI/DUI, is a Fourth Degree crime. A minimum jail sentence of 180 days is required. It can be for up to eighteen months. There is no parole, or reduction of time off the 180 days for “good behavior.”

The judge may, additionally, impose a fine of up to $10,000.