There is little doubt that anyone facing a third offense of driving while suspended should consult an experienced traffic attorney. The primary reason for this statement stems from the fact that a mandatory jail term applies to third or subsequent offenses (e.g. fourth, fifth, sixth, etc.) under N.J.S.A. 39:3-40. If you have been charged with operating a motor vehicle with a revoked license, the lawyers at our firm are ready to help you. More often than not, we are not only able to successfully avoid jail but even a conviction altogether as a third offender under 39:3-40. Do not hesitate to give us a call at (877) 450-8301 as initial consultations with our attorneys are always without charge.
Driving While Suspended Third Offense N.J.S.A. 39:3-40 Penalties
The monetary penalties include a fine of $1,000, court costs of $33, and a $6 court imposed surcharge. An individual convicted of driving while suspended is also subject to a Division of Motor Vehicles annual surcharge of $250 per year for three years. Upon conviction, a third offender must have their license suspended for an additional period that can reach six (6) months. Moreover, a jail term of at least ten (10) days must be imposed for third or subsequent offense. A commensurate registration and license plate suspension also applies when someone is convicted at this level. What this means is that individual cannot have a car registered or plated in their name for any period of license suspension with respect to a third offense N.J.S.A. 39:3-40.
Avoiding Jail Even When You are Guilty of Third Driving While Suspended Ticket
Individuals often conclude that since their license was suspended and they have at least two prior N.J.S.A. 39:3-40 convictions, they are going to jail. This conclusion could not be more from the truth. In fact, even when someone is absolutely guilty of a third driving while suspended, we frequently can avoid jail. How do we achieve such an outcome? As individuals who have been handling these cases for literally decades, including years as prosecuting attorneys, we know all the defenses when it comes to not only defendant guilty but also with respect to sentencing. Every client we represent gets the benefit of this expertise and you should too.
Are You Subject to Enhanced Penalties for Third Driving While Suspended Ticket in New Jersey?
Where a suspension arises out of driving while intoxicated or failure to have car insurance, the penalties for a third or greater conviction in accordance with 39:3-40 are even worse. The mandatory jail term escalates to as much as ninety (90) days and an additional license suspension of twelve (12) to thirty (30) months applies. There is no question that an experienced lawyer like those at our firm can pay dividends when someone is facing such significant consequences.
Representatives of our law firm are available 24/7 to assist you. An attorney is available now at (877) 450-8301.