Penalties for Driving While Suspended

DRIVING WHILE SUSPENDED FOR A DWI or REFUSAL

You will be charged with a traffic violation and possibly a 4th degree felony if this a second violation for driving while on the suspended for a 1st DWI or you are caught driving on the suspended for a 2nd conviction for DWI (mandatory jail - unless the prosecution and court allow you to participate in PTI program).

If your license suspension was because of a DUI or refusing to submit to a chemical test and result in a fine of $1,000 dollars, a 12- to 30-month license suspension, and between 10 and 90 days in prison. For a 2nd or 3rd offense, the license suspension and jail sentence are same, however the fine goes up to $1,250 and $1,500, respectively.

If the prior DWI or refusal happened in a school zone or a school crossing, the term of incarceration goes up to 60 to 90 days for a first offense, 120 to 150 days for a second offense, and 180 days for a third or subsequent offense.

FELONY CHARGE FOR DRIVING ON SUSPENDED LIST FOR A DWI or REFUSAL N.J.S.A. 2C:40-26

"It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of N.J.S.A. 39:3-40, if the actor's license was suspended or revoked for a first violation of N.J.S.A. 39:4-50 or section 2 of P.L.1981, c.512 (N.J.S.A. 39:4-50.4a) and the actor had previously been convicted of violating N.J.S.A. 39:3-40 while under suspension for that first offense. A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment. It is a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of N.J.S.A. 39:3-40, if the actor's license was suspended or revoked for a second or subsequent violation of N.J.S.A. 39:4-50 (DWI) or section 2 of P.L.1981, c.512 (NJSA 39:4-50.4a).

A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment of not less than 180 days during which the defendant shall not be eligible for parole."

NON-DWI DRIVING WHILE SUSPENDED N.J.S.A. 39:3-40 (Traffic Violation)

“No 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, or prohibition.” The law is also violated if you "allow" someone to operate a motor vehicle whose license has been revoked.

If you are convicted of or plead guilty to violating section N.J.S.A. 39:3-40 of the New Jersey Statutes, you will receive a $500 fine and up to a six-month license suspension. A 2nd offense will result in a $750 fine, up to a six-month license suspension, and up to five days’ imprisonment. A 3rd or subsequent offense will get you a $1,000 fine, up to a six-month license suspension, and imprisonment in the county jail for 10 days.

There is a mandatory 45 day to 180 day jail term, if the person operating the vehicle was involved in an accident resulting in bodily injury to another person. (39:3-40e).

DRIVING WITHOUT INSURANCE

If the suspension was due to a Driving Without Insurance offense under N.J.S.A. 39:6B-2 then there is an additional penalty of $500, an additional 1 to 2 years license suspension, and imprisonment in the county jail for up to 90 days. (39:3-40f(1))