DUI - Driving with a suspended license in New Jersey
According to NJSA 39:3-40, "no person to whom a drivers 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."
Penalties for driving on a suspended license (other than a DUI)
What if you are arrested and convicted of violating this statute? You can expect to be fined $500 and an additional $250 per year for three years. This fee is charged by the Department of Motor Vehicles. What if you are charged a second time? Your fines will increase to $750 and you will have to spend no more than five days in jail. Third convictions will result in a fine of $1,000 and 10 days of incarceration in jail. The courts will also extend the amount of your license suspension for no more than six months. What happens if you injure another person while driving on a suspended license? You are looking at jail time for at least forty five days.
What is the bottom line? The state of New Jersey considers it a serious offense to operate your motorized vehicle on a suspended license.
Penalties for driving on a suspended license after a DUI in New Jersey
Penalties for operating a motorized vehicle with a suspended license for a DUI conviction are even more severe. Drivers will have to pay more fines and will have their license suspended for one year to two years and may have to spend up to 90 days in jail. The Department of Motor Vehicles will also charge $250 per year for three years.
Keep in mind you may not be notified that you will have to pay insurance surcharges or the mandatory fees to the Division of Motor Vehicles if you agree to plead guilty to the charges. New Jersey provisions as of April 1, 1991, allowed insurance companies to charge additional surcharge to drivers in addition to Division of Motor Vehicles annual surcharges and fees.
Do I have recourse to fight the New Jersey license suspension penalties?
If you have had your license suspended for DUI you have been notified by the court that your license was suspended. In fact, the Department of Motor Vehicles should have given you a Notice of the Suspension and that they mailed the notice. They also should have an Order of Suspension and proof that they mailed the order of suspension.
Hiring a New Jersey DUI Lawyer
If you have been arrested for drunk driving in New Jersey it is time to talk to a DUI lawyer. New Jersey lawyers understand the legal penalties and the fines you might face if you are ultimately convicted of DUI. They can also help with all administrative license suspension issues, which generally must be challenged within a few days of the DUI arrest.
If you have been arrested for operating your motorized vehicle on a suspended license after a DUI arrest or conviction a DUI lawyer can also help you.