Driving with a Suspended License

We're Proud to Serve the Members of NJEA, UFCW Local 1262, and the NJ Policemen's Benevolent Association.

Contact Our Office

We Accept the Following Payment Options

Howell NJ Driving with a Suspended License Defense Lawyers

Driving with a suspended license is a serious motor vehicle violation in New Jersey, with penalties that may include significant fines, a period of further license suspension, and even a jail sentence. There are multiple factors which determine the specific penalties imposed in a given case, such as if the original suspension resulted from a conviction for DWI or DUI, if the offense represents the second or third of its kind for a person, if the offense occurred in a school zone, or if the offense

The attorneys at Chamlin, Rosen, Uliano & Witherington have extensive experience representing clients facing criminal charges and motor vehicle violations in courts throughout Monmouth and Ocean Counties. They are well-acquainted with the nuances and collateral issues involved in these cases and utilize their accumulated knowledge to provide clients with the most comprehensive and effective defense. If you or someone you love has been charged with a criminal offense or motor vehicle violation in New Jersey, contact the West Long Branch offices of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 for a free consultation.

Driving with a Suspended License in Monmouth County: N.J.S.A. 39:3-40

New Jersey details all motor vehicle violations under Title 39, specifically addressing offenses for Driving with a Suspended License in N.J.S.A. 39:3-40. According to this section:

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.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.

Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:

a. Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended for a violation of NJSA 39:4-50 (DWI) or section 2 of P.L.1981, c.512 (NJSA 39:4-50.4a), revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator’s driver’s license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286;

d. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person.

f.   (1)  In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.

     (2)  In addition to any penalty imposed under the provisions of subsections a. through e. of this section and  paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.

     (3)  In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:

(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

Penalties for Driving with a Suspended License in New Jersey

First Offense Driving with a Suspended License: a maximum period of driver’s license suspension of 6 months and a fine of up to $500

First Offense Driving with a Suspended License (Suspension Resulting from DWI): a period of driver’s license suspension ranging from 1 to 2 years, a fine of up to $500, and a sentence to serve between 10 and 90 days in the county jail

Second Offense Driving with a Suspended License: a maximum period of driver’s license suspension of 6 months, a fine of up to $750, and a sentence to serve between 1 and 5 days in the county jail 

Third Offense Driving with a Suspended License: a maximum period of driver’s license suspension of 6 months, a fine of up to $1,000, and a sentence to serve 10 days in the county jail 

Contact Neptune NJ Driving with a Suspended License Attorneys for Help

If you or someone you love is facing a motor vehicle violation such as Driving with a Suspended License in Monmouth County, New Jersey, contact the offices of Chamlin, Rosen, Uliano & Witherington at 732-440-3950. One of the firm’s skilled defense lawyers will be happy to evaluate your case, to provide answers to your pressing questions, and to discuss the alternatives that may be available to you.

What Matters Most

  • You gave me strength, support, comfort, and beyond powerful legal assistance, you gave extra kindness and generosity beyond expectation, as if you were my brother, beyond normal, in the realm of righteous.

Ready to Represent You

Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

monmouth county lawyer map

Contact Our Office

Not sure where to begin? We welcome all inquiries and will help in whatever way we can.