N.J.S.A. 39:3-40 Traffic Violation Dismissed at Trial

Driving While Suspended Tickets in New Jersey carry the possibility of Jail and the Suspension of your driving privileges (this in addition to the thousands of dollars in fines and Motor Vehicle Commission Surcharges). Moreover, if you are involved in an accident while operating your motor vehicle under a suspended license, you could be facing up to six (6) months in County Jail. Suffice to say, these traffic tickets should not be taken lightly. Prosecutors and Judges across New Jersey are cracking down on Drivers caught with a suspended license in an attempt to curb this type of conduct. No longer are they making exceptions for those of us driving to keep our jobs or those who are forced to drive because of an emergency. You are well-advised to consult with an attorney regarding your traffic matter and inform yourself of how you can best protect your interests.

With a team of former prosecutors on staff, our criminal and traffic defense firm has the type of experience necessary to handle your tickets. With roughly 200 years of legal experience, our firm can provide the necessary legal assistance to keep you or your loved ones out of jail. For your complimentary consultation on your Driving While Suspended Charges, call (877) 450-8301 today. Our lawyers are available 24/7 for your convenience.

Trial for Driving While Suspended Ticket Results in Dismissal of All Charges

Recently, I handled a traffic violation involving a suspended driver (who also happened to never have been issued a valid license either) who caused an accident while unlawfully operating a motor vehicle in Hudson County. The discovery in this matter was limited but shed light on some of the State’s weaknesses in presenting their potential case. Based on the law requiring my client serve a minimum of 45 days in the Hudson County Jail for his offense and the State’s weak case, it was clear that this matter needed to be set for trial. On the day of trial, we were able to obtain a dismissal of all the traffic charges and my client was able to walk home a free man. This result not only saved my client jail time, but it also afforded him no further license suspension and saved him thousands in fines, surcharges and costs.

Driving While Suspended With Accident

Driving While Suspended is a very serious traffic violation on its own. In those situations where an accident is involved, you are facing a MANDATORY MINIMUM 45 day period of incarceration at the County Jail. The law in New Jersey leaves no discretion for the judge in this regard, as you can see below in the N.J.S.A. 39:3-40 legislation:

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 and 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.

Call (877) 450-8301 to speak with a trial attorney today.