Criminal Defense Lawyers & Former Prosecutors

Although it might come as a surprise to some, NJ law now makes it a felony of the fourth degree to drive while suspended under certain circumstances. The creation of a fourth degree driving while suspended license charge is a relatively new development as the related law, N.J.S.A. 2C:40-26, did not take effect until 2011. This is why this offense often comes as a shock to some, not to mention the fact that a conviction under N.J.S.A. 2C:40-26 carries a mandatory period of parole ineligibility. What this means is that you are absolutely going to jail if you are convicted of this offense and that you need to exhaust every opportunity to defend the charge to avoid incarceration. This is where the attorneys at our firm, the Law Offices of Jonathan F. Marshall, come into play. Our defense team includes not only former county prosecutors who have handled hundreds of felony offenses, but several former municipal prosecutors who know the best ways to attack a driving while suspended offense. Give us a call for a free initial consultation.

Who May Be Charged Under 2C:40-26 for Driving While Suspended?

There are two categories of individuals who fall within this law. In this regard, a person may be charged with fourth degree driving while suspended under either of the following scenarios.

  1. Suspended for First DWI or Refusal Offense. It is a fourth degree crime to commit a second driving while suspended during the period of suspension for a first DWI or refusal.
  2. Suspended for Second or Subsequent DWI or Refusal Offense. Any violation of N.J.S.A. 39:3-40 (i.e. driving while suspended) committed during a suspension for a second or subsequent DWI or refusal conviction is a fourth degree crime.

Penalties If Convicted of the Criminal Offense of Fourth Degree Driving While Suspended

The fine for this offense can be as much as $10,000. A period of parole ineligibility — meaning a mandatory period of incarceration — also applies upon conviction. The jail term is eighteen (18) months with eighteen (18) months of parole ineligibility.

The goal is to avoid jail. Give us a call and an attorney would be more than happy to explore any and all avenues to successfully resolve your case.