Driving While Suspended

Bridgewater NJ Driving While Suspended Lawyer

Most people interactions with Police Officers come during motor vehicle stops. The advent of police scanners that pick up suspended driver’s licenses and registrations of passing motorists has definitely added to motor vehicle stops. Encounters like these, as well as other instances of probable cause (e.g. speeding, accident, etc.) frequently result in issuance of a ticket for driving while suspended. The municipality of Bridgewater is the biggest player in Somerset County with over 10,000 tickets for moving violations being issued most years. Whether the related suspension was the result of failure to pay surcharges, an accumulation of motor vehicle points, failure to maintain insurance coverage or the result of an in court suspension, a conviction under N.J.S.A. 39:3-40 (“Driving when license refused, suspended, revoked or prohibited; motor vehicle license revoked; punishment”) results in stiff penalties.  For this reason, it is imperative that you consult with a well versed defense attorney if you were arrested or charged with this offense. Our criminal firm, The Law Offices of Jonathan F. Marshall, has a staff of lawyers that includes several former prosecutors and a team with over 100 years of experience combined. For an immediately consultation with a lawyer on our staff, contact our Bridgewater Office at (908) 722-1011.

Driving While Suspended Charge in Bernards New Jersey

N.J.S.A. 39-3:40 provides that “[n]o person to whom a driver’s license has been refused or whose driver’s license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver’s license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.” If you are convicted of violating this law in Bernards or another municipality and it is your first offense, you will face a fine of $500, court costs and an additional suspension of your driver’s license of up to six months.  For a second offense, the fine is $750, suspension is a maximum of six months and there is a county jail sentence of one to five days. In addition, if the violation occurs within five years of the first, the defendant’s motor vehicle registration is subject to revocation during the period of suspension. For a third or subsequent offense, the fine is again escalates to $1,000, there is a mandatory ten day jail sentence, registration suspension, and an additional suspension that can also reach six months.

Driving While Suspended for DWI in Franklin Township NJ

In addition to the penalties previously set forth, you can face enhanced consequences in Franklin Township and other towns in Somerset County if your suspension was for DWI or driving without insurance. For a first offense under these circumstances, you are subject to a $1,000 fine, suspension of your privileges to drive for twelve to thirty (12-30) months and are subject to incarceration for ten to ninety (10-90) days in the county jail (no minimum under the no insurance scenario). A second offense and third offense carry substantially similar penalties with the exception of the fine increasing to $1,250 and $1,500, respectively. Please note, however, that an individual can also face a fourth degree criminal offense under N.J.S.A. 2C:40-26 if certain circumstances apply under this heading (i.e. suspended for refusal or driving under the influence of alcohol or drugs).

Fourth Degree Driving While Suspended in Somerville

As previously stated, an incident of driving while suspended can result in a felony charge when N.J.S.A. 2C:40-26. All violations falling under the umbrella of this offense are referred to the Superior Court of Somerset County which is located on Bridge Street in Somerville. You are subject to this law if: (1) the suspension is for DUI and you have a prior conviction for driving while suspended; or (2) the revocation is for a second or subsequent DWI/DUI/Refusal. This offense not only has a presumption of incarceration but a mandate for incarceration. You face a jail sentence of at least 180 days and as much as 18 months. An individual sentenced in accordance with satisfy an mandatory minimum period of incarceration of at least six months before they can be considered for parole. A conviction in Somerville for this charge also carries a fine of up to $10,000. You may also refer to our driving while suspended for DWI page for more information on this subject.

Hillsborough Suspended License Defense Attorney

There is little doubt that someone like you needs to hire an attorney if they want the very best chance of escaping a conviction for operating a vehicle with a suspended license. Successful will allow you to avoid not only fines but also additional suspension and jail. Our lawyers include former municipal prosecutors and a staff that has handled thousands of driving while revoked tickets in Hillsborough and other venues over the years. If you have been arrested for this charge in North Plainfield, Watchung, Warren or any other venue in this region, our attorneys are here to help you. In most cases, we can escape a conviction and/or the suspension/jail that applies under 39:3-40. Contact the Somerset County criminal lawyers at The Law Offices of Jonathan F. Marshall for a free initial consultation at (908) 722-1011.