Richard Huizenga Attorney

Driving While License Suspended – NJSA 39:3-40

Section 39:3-40 of the New Jersey Statutes states that “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The Statute also prohibits operating or allowing someone to operate a motor vehicle whose registration has been revoked.

NJ Fines and Penalties

If you are convicted of or plead guilty to violating section 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 has been involved in an accident resulting in bodily injury to another person. (39:3-40e).

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))

Penalties increase substantially 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 remain the same, but the fine goes up to $1,250 and $1,500, respectively.

If your previous 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.

A conviction of violating NJSA 39:3-40 will also result in nine insurance points being added to your driving record. Points are used to determine how much you pay in insurance premiums. Also, by accumulating too many points, you may unable to obtain auto insurance on the private market and will need to purchase auto insurance from the more expensive New Jersey Personal Automobile Insurance Plan (NJPAIP).

Being convicted for a second or subsequent violation of Driving While Suspended in NJ and if the offense also involves a ticket for a moving violation (only violations that result in points), the term of imprisonment shall be 10 days longer than the term of imprisonment imposed for the previous offense.

Under Section 39:3-40 of the New Jersey Statutes, a person who owns or leases a motor vehicle and permits someone with a suspended license to drive his or her car, can also receive penalties. In order to find someone guilty of this violation the State must prove under 39:3-40h that;
(1) The owner knew that the operator’s drivers license had been suspended for a DWI or a Refusal to take a Breath Test; or
(2) The owner knew that the operator’s drivers license was suspended and that the operator had been convicted within the past 5 years of driving while suspended or revoked.

The Law Firm of Richard Huizenga is here to help

If you are accused of driving with a suspended license in NJ, a NJ traffic ticket attorney may be able to help protect your driving record. Call the Law Firm of Richard Huizenga at (732) 500-4688 for a free consultation.