In New Jersey, a conviction for Driving When Suspended or Revoked can result in mandatory jail time and up to $2,250 in fines and surcharges. There are some minor traffic charges where retaining a lawyer can make little difference and where the consequences are minimal. In New Jersey, Driving When Suspended or Revoked is not one of those “minor” traffic offenses.
Severe Penalties: Your NJ Driver’s License, Job and Liberty May be at Stake
The violation of Driving When Suspended or Revoked is set forth by the New Jersey Legislature at N.J.S.A. 39:3-40. Thousands of New Jersey motorists are stopped each year for routine traffic violations only to be told by a police officer that they have been driving when their driver’s license has been suspended or revoked. Often times the driver did not know he was suspended or revoked and was unaware that a driver’s license could be suspended even if he or she never had a moving violation.
The motorist is now facing a driver’s license suspension of up to 6 months as well as mandatory fines even if it is a first offense. For a second offense, the driver is facing mandatory jail from 1 to 5 days and for a third offense, the driver must serve 10 days in jail. Additionally, if the driver was previously suspended as a result of a prior DWI, he is now facing a mandatory jail sentence of between 10 and 90 days regardless of whether or not it is a first offense.
Do Not Do This Alone
Our lawyers are former prosecutors and have represented individuals all over the State of New Jersey who have received Summonses for Driving When Suspended or Revoked including:
- Monmouth County
- Ocean County
- Middlesex County
- Mercer County
- Union County
- Somerset County
- Hudson County
- Bergen County
In order to convict you of Driving While Suspended or Revoked, the Prosecutor has to establish that you received “adequate notice” of the suspension. Many times the driver had no idea that his license had been suspended. Our lawyers are skilled in challenging the notice at trial or negotiating with the Prosecutor when Notice cannot be established.
Other Defenses Can Lead to an Amendment of Your charges
Under New Jersey law, a driver’s license can be suspended for many reasons including: failure to pay DMV surcharges, failure to pay a license restoration fee, failure to pay fines or appear in court for a traffic violation and having more than 12 points on your driver’s license. Our lawyers will instruct you on how to clear up your previous suspension and are experts on negotiating with the Prosecutor and Court to in an effort to have the charges dismissed or amended to Driving Without a License (no mandatory jail, points or license loss).
If you have received a motor vehicle summons or ticket for Driving While Suspended or Revoked (N.J.S.A. 39:3-40) in the State of New Jersey, contact the law firm of Clark & Clark immediately online or by phone at 732-303-7857 for your free consultation.