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The Law Offices of Proetta & Oliver

Hudson County

Criminal Defense Lawyer

"We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Hudson County and New Jersey."

- William A. Proetta, Esq.

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Driving While Suspended 39:3-40

Jersey City NJ driving while suspended lawyer

Union City NJ Driving with a Suspended License Lawyer

New Jersey drivers are commonly suspended for non-payment of surcharges, failure to appear in court, accumulation of DMV points, and DWI convictions. If you are caught driving while suspended in New Jersey it is a serious motor vehicle violation that can result in an arrest, high fines, additional suspension, and even jail time. Most municipal courts take a hard stance on driving while suspended charges and can choose to prosecute these cases to the fullest extent allowed under law. At Proetta & Oliver our defense attorneys are typically able to negotiate with the state on behalf of our clients to reduce or avoid a suspension and jail time altogether for driving while suspended charges. The firm’s founding attorney, William Proetta, has successfully handled thousands of municipal court and motor vehicle violations over the years including tickets for driver while revoked. We defend clients throughout New Jersey including Jersey City, West New York, Weehawken, Hoboken, Newark, Kearny, Bloomfield, and North Bergen. If you or a loved one has been arrested for driving with a suspended license then contact our office today at (908) 838-0150 for a free consultation with an experienced traffic defense attorney.

New Jersey Law 39:3-40 Driving with a Revoked License

The New Jersey statute N.J.S.A. 39:3-40 which governs the violation of driving while suspended is provided in pertinent part below for your convenience:

No person to whom a driver’s license has been refused or whose 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.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.

Penalties for Driving While Suspended in New Jersey

The penalties for driving with a suspended license in New Jersey according to N.J.S.A. 39:3-40 are as follows:

  1st Offense Driving Suspended
  • Up to six (6) months additional license suspension
  • $500 fine
  2nd Offense Driving Suspended
  • Mandatory 1 – 5 days in county jail
  • Up to six (6) months additional license suspension
  • $750 fine
  3rd or Subsequent Driving Suspended
  • Mandatory ten (10) days in county jail
  • Up to six (6) months additional license suspension
  • $1000 fine

Bayonne NJ Driving While Suspended Lawyers

The chart above clearly highlights the serious penalties that can result from a conviction for driving while suspended. These penalties will be greatly enhanced if you are caught driving while suspended during a suspension for DUI – including mandatory jail time and a longer suspension period. No matter the circumstances of your driving while suspended case, the consequences can drastically impact your employment and your lifestyle. Moreover, a record of the conviction will remain on your permanent driver’s abstract and you will be required to pay insurance surcharges to the DMV. Surprisingly, most of our clients don’t even realize they are suspended at the time of the stop. For example, your license can unknowingly be suspended for something as simple as forgetting to pay a parking ticket. Our lawyers are often successful at reducing or amending driving while suspended charges to violations that do not carry a suspension or jail. We represent clients for driving while revoked throughout New Jersey including Union City, Nutley, Bayonne, Harrison, Secaucus, Belleville and Guttenberg. If you would like to learn more about how we can help you, contact us at (201) 793-8018 for a free consultation or to schedule an appointment at our Jersey City office.

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