Enhanced penalties apply under N.J.S.A. 39:3-40(e) to someone involved in an accident with injury while driving with a suspended license or driving while revoked and being involved in an accident resulting in “bodily injury” to another person. The most serious consequence of an accident with injuries while driving with a suspended license under 39:3-40(e) is a mandatory jail term with a minimum period of incarceration of at least forty-five (45) days that applies if you are convicted. And this penalty applies irrespective of who was at fault in the accident. So long as the defendant’s license was suspended when the “bodily injury” was sustained, the enhancement of this law applies. It is obviously very important to seek representation by a seasoned traffic lawyer so as toavoid a conviction for this violation.

Enhanced Penalties for Accident With Injury While Driving With a Suspended License

Bodily Injury Requirement. The term “bodily injury” is defined rather loosely under this law to include even minimal injury. For example, even minor cuts, swelling of tissue and the sensation of pain, have been found to be sufficient to satisfy the bodily injury requirement of N.J.S.A. 39:3-40(e). Thus, the enhanced penalties for an accident with injury while driving with a suspended license is not hard to trigger.

Driving While Suspended. While it is relatively self-evident that operating a vehicle in the face of a Court Ordered Suspension or even an Administrative Suspension has the potential for triggering a 39:3-40(e) violation, the same holds true where someone is suspended outside of New Jersey. In this regard, the penalties of N.J.S.A. 39:3-40(e) also apply to out-of-state drivers whose licenses are suspended. N.J.S.A. 39:3-40(e) thus applies to both resident and nonresident driver’s licenses that are suspended or revoked.

Hiring a Traffic Ticket Lawyer to Defend against Driving While Suspended Enhanced Penalties

As demonstrated by the aforesaid, anyone facing a suspended license violation under 39:3-40(e) where someone sustained injuries in an accident is exposed to a mandatory jail term of at least forty-five (45) days if convicted. There is little doubt in our mind that representation by a skilled traffic ticket lawyer can prove invaluable for anyone facing charges for an accident with injury while driving with a suspended license. That is precisely what the attorneys at our firm, the Law Offices of Jonathan F. Marshall, can offer you. We possess one of the largest defense teams in the state, including four lawyers who have served on the other side, prosecuting literally thousands of driving while suspended tickets. Give us a call and we will be more than happy to assist you.