There are standard penalties for driving while suspended that apply in your “run-of-the-mill” cases. There are, however, situations where N.J.S.A. 39:3-40 outlines enhanced penalties. There are four (4) main instances where these enhancements apply. For more information on Driving While Suspended Charges, pursuant to N.J.S.A. 39:3-40, and your free initial consultation, contact the Law Offices Of Jonathan F. Marshall at (877) 450-8301.

Enhanced Penalties for Driving While Suspended for Failure to Maintain Insurance

In accordance with N.J.S.A. 39:3-40(f)(1), the penalties escalate when someone is convicted for driving on a license suspended for driving without insurance. For more information on this subject, click here.

Enhanced Penalties for Driving While Suspended for DWI or Refusal to Submit Breath Test

If an individual is found guilty of operating a motor vehicle when they are suspended for driving while intoxicated or refusing to submit to a breath sample, N.J.S.A. 39:3-40(f)(2), triggers additional penalties beyond what would normally apply. The enhancements are discussed in more detail at suspended for Driving While Intoxicated. A defendant who operates a motor vehicle during a suspension imposed for drunk driving, refusal to submit to a breath test, or for being a habitual offender, will be subject to the enhancements under N.J.S.A. 39:3-40(f)(2). These enhancements include mandatory jail time, mandatory license suspension and the possibility of having your charges indicted at the Superior Court level.

Other Situations Where Penalties are Enhanced for Driving While Suspended

  • Suspended for Driving While Intoxicated in a School Zone
  • Suspended for Failure to Pay Surcharges (in addition to the standard penalties, this triggers a mage surcharge of $3,000 payable to the New Jersey Motor Vehicle Commission)

Avoid Enhanced Driving While Suspended Penalties

If you find yourself charged with driving while suspended under these provisions, you are exposed to significant consequences if convicted. Your best strategy for avoiding such an outcome is to retain an attorney skilled in defending traffic offenses. The lawyers at our firm, the Law Offices of Jonathan F. Marshall, possess the knowledge and experience you need. Give us a call anytime 24/7 at (877) 450-8301 for a free consultation.