Driving While Suspended Defense Attorneys

The consequences of a first conviction of driving while suspended under N.J.S.A. 39:3-40 include fines, assessments and license suspension. The truth is, however, that our lawyers are able to avoid a conviction to driving with a revoked license in a large majority of cases.

Fine For First Driving While Suspended Offense

The standard fine that is supposed to be imposed on an individual’s first 39:3-40 charge is $500. This amount escalates to $1,000 if the suspension was for driving while intoxicated, refusal to submit to a breath sample, or driving without insurance. The first offense fine for driving while suspended explodes to $3,500 (i.e. $500 to the court and $3,000 to the NJDMV) where the suspension arises out of failure to pay insurance surcharges.

License Suspension for First Driving While Suspended Offense

While an individual is not subject to a mandatory minimum period of suspension for a first offense, the court may nevertheless impose a suspension. The maximum period of suspension is six (6) months for a first violation. The suspension period is enhanced to between twelve (12) months and thirty (30) months if the violation stems from a violation of N.J.S.A. 39:4-50 (i.e. DWI or Refusal) or 39:6B-2 (Driving an Uninsured Vehicle).

Enhancements for First Driving While Suspended Offense

As the aforesaid illustrates, the consequences of a first offense are enhanced when the underlying suspension arises out of certain circumstances. The most significant enhancement when someone is driving while suspended for driving while intoxicated (“DWI”) or for breath test refusal (“Refusal”) is mandatory jail; there is a mandatory jail in addition to the aforementioned penalties financial consequences. The jail term is a minimum of ten (10) days and a maximum of ninety (90) days. A similar enhancement, with a mandatory jail term of forty-five (45) days, also applies where an individual is involved in an accident with personal injury when driving while suspended.

Surcharges for First Driving While Suspended Offense

Whenever an individual is convicted of driving while suspended, the conviction triggers a state surcharge of $250. This amount is payable as a NJDMV surcharge for a period of three (3) years (i.e. $250 per year for 3 years).

If you are facing a driving while suspended summons anywhere in the state of New Jersey, we have the skill and knowledge to assist you. Give us a call anytime 24/7 for a free initial consultation. One of our lawyers will be more than happy to discuss how we would go about helping you avoid a conviction. We can be reached immediately at (877) 450-8301.