Need a Driving While Suspended Defense Attorney?

A serious situation arises when someone is charged with driving while suspended under N.J.S.A. 39:3-40 and the revocation arises out of a Driving Without Insurance charge. The reason for this stems from the fact that New Jersey law imposes enhanced penalties for someone who is caught driving when they are suspended for no insurance. An increased fine, period of suspension and even jail applies if the suspension was for failure to have insurance pursuant to 39:6B-2. Given these consequences, it is certainly in an individual’s best interests to seek representation from an experienced criminal lawyer for a 39:3-40(f)(1) charge. This is exactly what the attorneys on our defense team can offer you — including over 200 years of traffic offense experience. Give us a call anytime 24/7 at (877) 450-8301 for immediate assistance.

Fines, License Suspension & Jail If You Are Convicted

Whenever someone contacts our law firm on this charge, the first thing they usually want to know is what penalties they face if they are convicted of this variety of suspended license violation. The first thing we tell them is that the law imposes harsher penalties if they are convicted beyond those which would apply in the run of the mill 39:3-40 case. Here is what you should know depending on whether this is your first offense, second offense, or third or subsequent offense:

  • First Offense. You are subject to a fine of $1,000, additional license suspension of 12 to 30 months, and a jail term of up to 90 days applies.
  • Second Offense. The fine is $1,250 but the other penalties are the same as a first offense except that a registration suspension also applies to a second offender if the violation occurs within 5 years of the first.
  • Third Offense. All of the penalties are the same as a second offense except that a jail term of at least 10 days is mandatory.

Can I Win My Case of Driving While Suspended for No Insurance?

You can absolutely avoid many, if not all, of the penalties associated with a conviction. Indeed, we avoid significant license suspension, jail and even enhanced fines in a significant percentage of these cases. The way we achieve this result is through thorough preparation, experience, and knowledge of how the courts work. And while there is little doubt that courts and prosecutors view driving while suspended license for failure to have insurance seriously, there is no prohibition under the law against downgrading or even plea bargaining this charge. So give a lawyer from our firm the opportunity to discuss how we would go about achieving a favorable plea bargain, perhaps even a dismissal of the offense. We can be reached at (877) 450-8301.