Wednesday, June 5, 2013

N.J.S.A 39:3-40 Driving with a suspended license

1st Offense
  • $500 Fine
  • Driver's license suspension no longer than 6 months
 
2nd Offense
  • $750 Fine
  • Driver's license suspension no longer than 6 months
  • Imprisonment for up to 5 days
  • If 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of registration certificate for the people driver's license is suspended (see N.J.S.A. 39:3-40.1)
3rd or Subsequent Offense
  • $1,000 Fine
  • Driver's license suspension no longer than 6 months
  • Imprisonment for up to 10 days
  • If 3rd offense occurs within 5 years of a conviction for 39:3-40, then revocation of registration certificate for the people driver's license is suspended (see N.J.S.A. 39:3-40.1)  
 
Please Note: All offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e). If the accident results in the
death of another person, then the defendant shall be guilty of a crime of the third degree and the defendant's driver's license shall be suspended for an additional period of one year. If the accident results in serious bodily injury to another person, then the defendant shall be guilty of a crime of the fourth degree and the defendant's driver's license shall be suspended for an additional period of one year.  

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