New Jersey Driving While Revoked Defense Lawyers

When an individual is arrested for driving while suspended and the suspension arises out a driving while intoxicated or refusal to submit to a breath test, a conviction to this offense triggers a mandatory jail sentence. For this reason alone, it is highly advisable for anyone revoked for a DWI or Refusal who is charged with a violation under N.J.S.A. 39:3-40 to retain an attorney. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, possess the know how and experience to get you through this situation with the absolute minimum in terms of ramifications. Here is some important information that you should know about this offense.

Enhanced Penalties That Apply to Driving While Suspended for DWI or Refusal Under N.J.S.A. 39:3-40(f)(2)

The law in New Jersey enhances the penalties for driving while suspended for DWI, DUI or Refusal (when the underlying suspension is for a DWI violation or for refusal to submit to a breath sample). The penalties that apply for a first, second or third offense are:

  • First Offense. A mandatory fine of $500, court costs of $33, and a $6 surcharge apply. In addition, a license suspension of between twelve (12) and twenty four (24) months must be imposed. Lastly, there is a jail term of ten (10) to ninety (90) days for a violation of N.J.S.A. 39:3-40(f)(2).
  • Second Offense. Same as first offense.
  • Third Offense. Same as first and second offense.

Additional Consequences. Whenever someone is found guilty of violating 39:3-40(f)(2) for driving while suspended for DWI or DUI or Refusal, their registration privileges are subject to revocation as well. The period of suspension mirrors that which applies to the defendant’s license. In other words, the accused has his or her privilege to register a motor vehicle suspended during the period that their license is suspended under this law.

Fourth Degree Driving While Suspended for DWI Under N.J.S.A. 2C:40-26(b)

While a suspension summons is typically handled in municipal court, there are instances in which an indictable felony offense can arise. N.J.S.A. 2C:40-26(b) sets forth those circumstances under which a driving while suspended for DWI escalates to a Fourth Degree Crime. For more information on this offense, click here.

A charge of driving while suspended for DWI is always a very serious offense because a conviction results in a mandatory period of incarceration (i.e. jail). Give us a call at (877) 450-8301 and an attorney from our firm with review the facts of your case and plot a course for a successful defense.