Third N.J.S.A. 39:3-40 Driving While Suspended Ticket Dismissed

New Jersey Driving While Suspended Ticket

Driving While Suspended tickets carry some of the most severe fines and penalties of all traffic tickets. If you or someone in you family was pulled over and issued a ticket for Driving While Suspended, pursuant to N.J.S.A. 39:3-40, you owe it to yourself to become educated in the law. Depending on the circumstances of your suspension, you may have certain Driving While Suspended Defenses available, which could mean the difference between a dismissal of all your charges and a mandatory sentence of jail time as well as thousands of dollars in fines and surcharges. For more information on how an attorney can assist you in defending against your Driving While Suspended ticket, under N.J.S.A. 39:3-40, contact our office at (877) 450-8301. Our attorneys may be reached 24/7 and the initial consultation is always provided free of charge.

Driving While Suspended Charges Dismissed

Not all traffic tickets can be dismissed simply by retaining an attorney. There needs to be a legal and/or factual basis for the defendant’s attorney and the court itself to rely on before it can lawfully dispose of your tickets. In my most recent case, my client was lucky enough to have one of these defenses available. Through repetitive court appearances and discovery demands, I was able to utilize the State’s inability to produce documents in our favor. Specifically, the State’s failure to produce the documents regarding the Defendant’s Scheduled Suspension Notice, which in turn resulted in a dismissal the the charges based on a failure to prosecute. This result not only kept my client out of a mandatory ten (10) days in jail, but it also saved him nearly $2,000.00 in fines and subsequent surcharges.

Third Driving While Suspended Offense New Jersey Penalties

Pursuant to N.J.S.A. 39:3-40, a third conviction for Driving While Suspended carries the following penalties:

c. Upon conviction for a third offense or subsequent offense, a fine of $1, 000.00, 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 shall be revoked in accordance with the provisions of sections 2 through 6 of P.L.1995, c. 286 (C.39:3-40.1 through C.39:3-40.5);

The court may also impose a period of license suspension anywhere between six (6) months and two (2) years;

Additionally, you will face a yearly surcharge of $250 for three years, courtesy of New Jersey Division of Motor Vehicles.

For more information, please visit the following links below:

Speak Your Mind

*