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Driving with a Suspended License

We Can Help if You’ve Been Charged with Driving on a Suspended License

If you’ve been charged with driving on a suspended or revoked license in New Jersey, you could be facing steep penalties. In addition to fines and fees, you could also be facing jail time—including a mandatory minimum sentence in some cases. You need to protect yourself by all means available, and this starts with hiring an experienced traffic defense lawyer to represent you. 

When Can You Be Charged with Driving on a Suspended or Revoked License?

You can be charged with driving on a suspended or revoked license anytime you get behind the wheel without a valid driver’s license. Section 39:3-40 of the New Jersey Statutes plainly states:

“No person . . . whose driver's license . . . 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.”

What if you didn’t realize your driving privileges were suspended? Or, what if you had to get to work or take a family member to the hospital? Under New Jersey law, it doesn’t matter. If you drove while your license was suspended or revoked, you violated the law.

With that said, even if you drove with a suspended or revoked license, you could have defenses available. This means you should speak with a lawyer regardless of the circumstances of your case. When you schedule a confidential consultation at Helmer, Conley & Kasselman, P.A., one of our lawyers will thoroughly examine your case and determine how best to challenge your charge under Section 39:3-40.

What are the Penalties for Driving with a Suspended or Revoked License in New Jersey?

The penalties for driving with a suspended or revoked license in New Jersey are determined based on the specific circumstances involved. At a minimum, you can face:

  • First Offense – Up to a $500 fine.
  • Second Offense – Up to a $750 fine and one to five days in jail (with a minimum of one day served).
  • Third or Subsequent Offense – Up to a $1,000 fine and a mandatory 10-day jail sentence. If your license is suspended and you have a prior conviction under Section 39:3-40 within the past five years, your driver’s license will be permanently revoked.

If someone who is suspended is driving your vehicle, you can be charged with allowing a suspended driver to drive your car. A conviction for such a charge will result in fines and your license being suspended. There are defenses for this charge as well.

However, the penalties for driving on a suspended or revoked license can increase substantially if: (i) your driver’s license was suspended for driving under the influence (DUI), (ii) you caused an accident, or (iii) you were driving in a school zone. Enhanced penalties in these cases can include additional fines, mandatory jail time (even for a first-time offense), and an extended driver’s license suspension (or permanent revocation).

It is important to note that if an individual has been convicted a 2nd time for driving while suspended during the period of time he or she is serving a suspension for their first DUI/refusal conviction, or if he or she has a 1st-time conviction of driving on a suspended license while serving a suspension for a second DUI/or refusal, he or she is facing an extremely serious situation. For instance, such situations frequently require a mandatory minimum of 6 months in jail, up to 18 months in prison. 

Additionally, under New Jersey law, drivers who are involved in a fatal accident or an accident involving serious injuries while driving on a suspended license and are convicted will face stiff penalties that include additional suspension time that will be consecutive with the driver’s existing suspension or revocation period, if applicable.

Discuss Your Case with a Traffic Defense Lawyer in Confidence

Have you been charged with driving on a suspended or revoked license in New Jersey? If so, we can help. To discuss your case with an experienced traffic defense lawyer in confidence, call 877-435-6371 or tell us how we can contact you online now.


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