NJ Driving Suspended
The violation of Driving While Suspended is set
forth at NJSA 39:3-40. This section states, "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." The statute also prohibits
the operation of a motor vehicle whose registration has been
revoked.
PENALTIES
Conviction under this statute brings the following
penalties. Upon conviction of the first offense of fine of $500.00.
The defendant will also be surcharged a mandatory $250.00 per
year for 3 years in every DWS by the MVC. Upon conviction for
the second offense a fine of $750.00 and imprisonment in the
county jail for not more than 5 days. Upon conviction for the
third offense a fine of $1000.00 and imprisonment in the county
jail for 10 days. Additionally, the statute states, upon the
conviction the court shall impose or extend a period of suspension
not to exceed 6 months. Also, upon conviction the court shall
impose a period of imprisonment for not less than 45 days, if
while operating a vehicle in violation of this section a person
is involved in an accident resulting in personal injury to another
person.
If an individual violates this section while
under suspension issued pursuant to 39:4-50, driving while under
the influence of liquor or drugs and is convicted, they shall
be fined $500.00 extra? and have their license suspended for
an additional period not less than one year nor more than two
years and may be in the county jail for not more than 90 days.
The defendant will also be surcharged a mandatory $250.00 per
year for 3 years.
Although most municipal court matters are considered
minor by many citizens it is obvious from the possible penalties
involved that this is a serious offense carrying the possibility
of both stiff fines and incarceration.
There are two types
of license suspension :
1. Court imposed suspension
2. Administrative / Division of Motor Vehicles
suspension
The most common scenario reflects where that
the driver, through a motor vehicle violation, failure to pay
surcharge or a accumulated points has been placed on a suspended
list maintained by the New Jersey Division of Motor Vehicles
(Division of Motor Vehicles), thereby making them ineligible
to operate a motor vehicle for a prescribed period of time in
this state.
If the driver is aware that they are on the suspended
list and acknowledged they were suspended to the police officer
there is little room for defense However, more often than not
the driver claims that they were unaware of their placement
on the suspension list.
The scenario that will often be presented by
the driver is that he/she was stopped by police for an unrelated
motor vehicle violation. In the process of the police encounter
they were informed by the officer that their license has been
suspended and they were issued an additional summons for Driving
While Suspended. Over the past decade several New Jersey cases
have crafted the current position on the driving while suspended
issue that often confronts many municipal courts throughout
the state.
THE STATE (NJ) MUST
SHOW DUE PROCESS AND ADEQUATE NOTICE
The first and foremost is that of adequate notice
of the suspension. In Parsekian v. Cresse, 75 NJ
Super. 405 (App Div. 1962), the court ruled that it was incumbent
upon the Director of the State Division of Motor Vehicles to
provide fair and adequate notice to the licensed driver of the
proposed suspension of their license. The court recognized that
the Director could not arbitrarily suspend the license of a
driver without providing both notice and enunciating specific
reasons as to why the license was being suspended.
A later case, State v. Wenof, 102 NJ
Super. (Law Div. 1968), both reinforced and advanced the earlier
Parsekian decision. Wenof represents the substantive foundation
upon which all subsequent cases involving the notice issue have
been based. In Wenof, the court again recognized the importance
of adequate notice of suspension. The court related, "there
is always a risk that notice may not reach the intended person,
but this is not the test for legal sufficiency. The test is
rather, whether the notice was reasonably calculated to reach
the intended parties." Id at 375. In Wenof, the Division of
Motor Vehicles sent to a written notice of proposed suspension
(for failure to satisfy a summons) by regular mail. The Division
of Motor Vehicles thereafter sent an order of suspension by
ordinary mail. The notices were mailed to the defendant's last
address. By failing to leave a forwarding address informing
the Division of Motor Vehicles where he could be reached by
mail, the court stated "he should not be heard to complain of
lack of due process He had it." The court found the defendant
guilty.
In State v. Hammond 116 NJ Super.
244 (Cty. Ct. 1971) a notice of scheduled suspension and order
of suspension for failure to appear for motor vehicle violations
was mailed to defendant, but was returned undelivered to Division
of Motor Vehicles by postal authorities. The defendant was charged
with misstatement of fact in an application for registration
of a motor vehicle (39:3-37) and application for a registration
certificate during suspension (39:3-34). The defendant thereafter
applied for and obtained a New Jersey registration certificate
for vehicle.
While in State v. Wenof supra the defendant was
found guilty that case was distinguished in Hammond. In Hammond
there was insufficient evidence of any notice to Hammond of
a possible revocation of his registration certificate. Therefore,
there is no adequate proof to indicate that due process was
satisfied in this case. Hammond, 116 NJ Super.
at 248.
NOTICE BY IN-COURT
SUSPENSION
If the driver is on the suspension list because
he was suspended in a Courtroom for a prior violation, grounds
to defend are very limited. The most common violations which
carry mandatory suspensions on first offense by the Municipal
Courts are for driving while intoxicated (first offense 6-12
months), driving while suspended (up to 6 months), driving without
insurance (1 year), possession of Marijuana or paraphernalia
(6 months-2 years). A Municipal Court also has the power to
suspend a driver's license for driving while suspended, reckless
driving, excessive speeding, leaving the scene of an accident
or even where the judge finds a person guilty of such a willful
violation of the subtitle as shall in the court's discretion,
justify such revocation (39:5-31).
If the driver's license was suspended by a court,
the state in a subsequent Driving While Suspended needs to introduce
into evidence only a certified abstract from the Division of
Motor Vehicles. It is not necessary for the state to demonstrate
that notice was received by the defendant. The defense may still
challenge the suspension by introducing evidence that the prior
in-court suspension was improper. Examples include defendant
not notified to be in court and the court then acting without
the defendant being present. Possibly, the prior suspension
could be attached in the original court as being illegal and/or
unconstitutional. This is permitted under State v. Laurick.
120 NJ 1 (1990)
Where
the driver was suspended by the Division of Motor Vehicles,
the state must introduce
-
Notice of scheduled suspension.
-
Proof of mailing notice.
-
Order of suspension.
-
Proof of mailing order.
-
Certified motor vehicle abstract.
A certified abstract alone is not sufficient
to convict if the defendant was suspended only by the Division
of Motor Vehicles.
If the order of suspension was mailed on December
1, 1991 and the Driving While Suspended offense took place December
2, 1991, a good defense is that the Order did not reach his
house until after the ticket for Driving While Suspended.
Many suspensions today are because people forgot
to pay an insurance surcharge. Every insurance surcharge bill
serves as a notice of suspension. Indigency is not a defense
for failure to pay a surcharge.
DEFENSES
A valid suspension of a driver's license cannot
be effectuated in the absence of a written notice to the license
at his last known address, reciting the fact that the suspension
will take place and the date of commencement of the suspension.
State v. Kindler 191 NJ Super. 358,360 (Law
Div 1983). Failure to appear for a summons is not a substitute
for the written notice required by the statute, Id at 361. The
court also noted that it's research does not statutory revealing
authority for the Municipal Judge to suspend driving privileges.
Id at 362
Motorists suspended for any reason remains suspended
until they pay a $50.00 Division of Motor Vehicles restoration
fee. According to the harsh decision in State v. Zalta 217
NJ Super. 142 (Law Div. 1987) even if a prior
court imposed suspension is over 6 months on DWI, the suspension
continues until actual restoration of the license.
Plea bargaining is permitted in Driving While
Suspended matters. Many court adhere to the language of State
v. Somma 215 NJ Super. 142 (Law Div 1986) where
the court determined that the failure to pay the $50.00 fee
for restoration of the suspended driver's license does not extend
the period of suspension. Many times individuals are told by
a court their license is suspended for a certain number of months,
but they are usually not told they must pay a restoration fee
to actually get their license back. Individuals who pay a surcharge
late will have their licenses suspended initially for the failure
to pay. Even after the surcharge is paid they remain suspended
until the $30.00 restoration fee is paid. Often, "plea" bargaining"
or " alternative dispositions" can be worked out to avoid the
harsh consequences of Driving While Suspended and the equitable
rationale of State v. Somma is followed.
Few courts inform a driver charged with Driving
While Suspended that the penalty is anything more than a $500.00
fine plus up to six months loss of license. Most courts do not
warn a defendant if he pleads guilty he will have to pay Division
of Motor Vehicles insurance surcharges or face other new penalties.
Few drivers are aware of the new provisions of
NJAC 11:3-34, operative date April 1, 1991, which allows insurance
companies to charge additional surcharge to drivers. These new
insurance company surcharges are in a addition to Division of
Motor Vehicles surcharges and fines. Several non MTF insurance
companies have already received approval to charge between $37.00
and $218.00 for each point a driver accumulates. For Driving
While Suspended pursuant to 2C NJR. 576 a driver
is given 9 Automobile Eligibility Points.
PARKING ADJUDICATION
ACT OFFENDER
"Scofflaws" who took their parking tickets and
threw them away or forgot to pay tickets will now have these
licenses eventually suspended under the Parking Offense Adjudication
Act. (NJSA 39:4-139.2). If a person fails to appear or pay for
a ticket, the court may give notice to the vehicle owner that
the failure to appear or pay will result in suspension of driver's
license. Pursuant to NJSA 39:4-139.10(b) the judge or the Division
of Motor Vehicles may now suspend the driver's license of on
owner license or operator who has not answered or appeared in
response to a failure to appear notice or has not paid or otherwise
satisfied outstanding parking from penalties.
CONTESTING PROPOSED
ADMINISTRATIVE SUSPENSIONS
The MVC, prior to suspending a license, or taking
specific action against a driver must mail a notice to the driver
informing them of the proposed suspension or other action. The
proposed action to be taken against any licensee by the DMV
becomes effective on the date set forth on the notice except
when otherwise specified, unless the licenses or his/her attorney
shall make a request, in writing, for a hearing within 25 days
from the date of notice. New Jersey Administrative Code (NJAC)13:19-1.2.
NJAC 13:19-1.2 requires the request for a hearing
to set forth all disputed facts, legal issues and arguments.
Under NJAC 13:19-1.2, the DMV may either deny the request for
a hearing, require a pre hearing conference with a DMV employee,
or transmit of the matter to the Office of Administrative Law
for a hearing pursuant to NJAC 1:1.
The DMV employee who conducts the prehearing
is referred to as a driver improvement specialist. Often a resolution
of the proposed administrative action is reached between the
DMV and the licensee (ie- reduce suspension period -ex 180 days
to 100 days).
If the license except the resolution of the proposed
administrative action, the license is to have abandoned any
further opportunity to be heard
NJAC 13:19-1.8(c).
If the parties cannot reach a resolution, the
matter should be submitted to the office of Administrative Law
for a hearing NJAC 13:19-1.8(d)
ENHANCED PENALTIES
As set forth previously, the Driving While Suspended
calls for mandatory enhanced penalties on conviction second
and third offense. What counts as an offense? Both the Division
of Motor Vehicles and a court can suspend a driver for driving
while suspended.
In State vs. Conte, 245 NJ Super. 629 (Law Div.
1990) the court examined a case where a defendant driver had
two prior administrative suspensions by the DMV pursuant to
NJSA 39:5-30 and NJAC 13:19-10.8. The driver had no prior court
imposed convictions.
NJSA 39:3-40 provides for penalties upon conviction.
In a well reasoned opinion by Judge Robert Longhi, on trial
de novo, the court stated:
The word conviction is not defined in the statute.
Black's Law Dictionary defines conviction as "the final judgment
in a verdict or finding of guilty..." Black's Law Dictionary
(6 ed. 1990) at 333. NJSA 2C:44-4(a) defines "prior conviction
of an offense" as "an adjudication by a court of competent jurisdiction
that the defendant committed an offense constitutes a prior
conviction," Emphasis supplied. Conviction has also been defined
as " the confession of the accused in open court or the verdict
returned by the jury which ascertains and publishes the fact
of guilt." Tucker vs. Tucker, 101 NJ Eq. 72, 73, 137 A. 40 (Ch.
1927).
The motor vehicle statute, NJSA 39:3-40, is quasi-criminal
and penal in nature and must be strictly construed against the
State. State vs. Churchdale-Leasing Inc., 115 NJ
83, 102, 557 A. 2d 277 (1989). The word conviction, as it is
used in NJSA 39:3-40, refers only to a plea or a finding of
guilty in a court of competent jurisdiction and not an order
of suspension entered by the DMV as the result of an administrative
proceeding. The two prior suspensions are not convictions and
defendant must be viewed as a first offender under the statute.
State vs. Conte, 245 NJ Super.
at 631
The sentence imposed was reversed and the matter
remanded for sentencing as a first offender.
CONCLUSION
A person is not automatically guilty of driving
while suspended simply because the Division of Motor Vehicles
claims they are suspended. The defense of a person charged with
driving while suspended is not impossible. There are a number
of viable defense and arguments which can be pursued to achieve
a successful result. Speak with an attorney experienced in Municipal
Court practice.
Updated statute in 2002:
NJSA 39:3-40 Penalties for driving
while license suspended, etc.
39:3-40. 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, 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.
Except as provided in subsection i. of this section, a person
violating this section shall be subject to the following
penalties:
a. Upon conviction for a first offense, a fine of $500.00 and,
if that offense involves the operation of a motor
vehicle during a period when the violator's driver's license
is suspended for a violation of R.S.39:4-50 or section 2 of
P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's
motor vehicle registration privilege in accordance with the
provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1
through C.39:3-40.5);
b. Upon conviction for a second offense, a fine of $750.00,
imprisonment in the county jail for not more than five
days and, if the second offense involves the operation of a
motor vehicle during a period when the violator's driver's license
is
suspended and that second offense occurs within five years of
a conviction for that same offense, revocation of the violator's
motor vehicle registration privilege in accordance with the
provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1
through C.39:3-40.5);
c. Upon conviction for a third offense or subsequent offense,
a fine of $1,000.00, imprisonment in the county jail
for 10 days and, if the third offense involves the operation
of a motor vehicle during a period when the violator's driver's
license is suspended and that third offense occurs within five
years of a conviction for the same offense, revocation of the
violator's motor vehicle registration privilege in accordance
with the provisions of sections 2 through 6 of P.L.1995, c.286
(C.39:3-40.1 through C.39:3-40.5);
d.Upon conviction, the court shall impose or extend a period
of suspension not to exceed six months;
e.Upon conviction, the court shall impose a period of imprisonment
for not less than 45 days or more than 180
days, if while operating a vehicle in violation of this section
a person is involved in an accident resulting in bodily injury
to
another person;
f. (1) Notwithstanding subsections a. through e., any person
violating this section while under suspension issued
pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction,
shall be fined $500.00, shall have his license to
operate a motor vehicle suspended for an additional period of
not less than one year nor more than two years, and may be
imprisoned in the county jail for not more than 90 days.
(2)Notwithstanding the provisions of subsections a. through
e. of this section and paragraph (1) of this
subsection, any person violating this section under suspension
issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512
(C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall
be fined $500, shall have his license to operate a motor vehicle
suspended for an additional period of not less than one year
or more than two years, and shall be imprisoned in the county
jail for not less than 10 days or more than 90 days.
(3)Notwithstanding the provisions of subsections a. through
e. of this section and paragraphs (1) and (2) of this
subsection, a person shall have his license to operate a motor
vehicle suspended for an additional period of not less than
one
year or more than two years, which period shall commence upon
the completion of any prison sentence imposed upon that
person, shall be fined $500 and shall be imprisoned for a period
of 60 to 90 days for a first offense, imprisoned for a period
of 120 to 150 days for a second offense, and imprisoned for
180 days for a third or subsequent offense, for operating a
motor
vehicle while in violation of paragraph (2) of this subsection
while:
(a)on any school property used for school purposes which is
owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such
school property;
(b)driving through a school crossing as defined in R.S.39:1-1
if the municipality, by ordinance or resolution, has
designated the school crossing as such; or
(c)driving through a school crossing as defined in R.S.39:1-1
knowing that juveniles are present if the
municipality has not designated the school crossing as such
by ordinance or resolution.
A map or true copy of a map depicting the location and boundaries
of the area on or within 1,000 feet of any property
used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced
pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be
used in a prosecution under subparagraph (a) of this paragraph.
It shall not be relevant to the imposition of sentence pursuant
to subparagraph (a) or (b) of this paragraph that the
defendant was unaware that the prohibited conduct took place
while on or within 1,000 feet of any school property or while
driving through a school crossing. Nor shall it be relevant
to the imposition of sentence that no juveniles were present
on the
school property or crossing zone at the time of the offense
or that the school was not in session;
g.In addition to the other applicable penalties provided under
thissection, a person violating this section whose
license has been suspended pursuant to section 6 of P.L.1983,
c.65 (C.17:29A-35) or the regulations adopted thereunder,
shall be fined $3,000. The court shall waive the fine upon proof
that the person has paid the total surcharge imposed
pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the
regulations adopted thereunder. Notwithstanding the
provisions of R.S.39:5-41, the fine imposed pursuant to this
subsection shall be collected by the Division of Motor Vehicles
pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), and distributed
as provided in that section, and the court shall file a
copy of the judgment of conviction with the director and with
the Clerk of the Superior Court who shall enter the following
information upon the record of docketed judgments: the name
of the person as judgment debtor; the Division of Motor
Vehicles as judgment creditor; the amount of the fine; and the
date of the order. These entries shall have the same force and
effect as any civil judgment docketed in the Superior Court;
h.A person who owns or leases a motor vehicle and permits another
to operate the motor vehicle commits a
violation and is subject to suspension of his license to operate
a motor vehicle and to revocation of registration pursuant to
sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through
C.39:3-40.5) if the person:
(1)Knows that the operator's license to operate a motor vehicle
has been suspended for a violation of
R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a);
or
(2)Knows that the operator's license to operate a motor vehicle
is suspended and that the operator has been
convicted, within the past five years, of operating a vehicle
while the person's license was suspended or revoked;
i.If the violator's driver's license to operate a motor vehicle
has been suspended pursuant to section 9 of
P.L.1985, c.14 (C.39:4-139.10), the violator shall be subject
to a maximum fine of $100 upon proof that the violator has
satisfied the parking ticket or tickets that were the subject
of the Order of Suspension.
Amended 1941, c.344; 1945, c.222, s.2; 1947, c.25; 1964, c.9;
1968, c.323, s.10; 1981, c.38, s.1; 1982, c.45, s.2; 1983,
c.90, s.1; 1986, c.38; 1992, c.203; 1994, c.64, s.2; 1995, c.286,
s.1; 1999, c.185, s.3; 1999, c.423, s.3; 2001, c.213, s.1.
39:3-40.1. Revocation of registration certificate, plates 2.
a. Any motor vehicle registration certificate and registration
plates shall be revoked if a person is convicted of violating
the provisions of:
(1)subsection a. of R.S.39:3-40 for operating a motor vehicle
during a period when that violator's driver's license
has been suspended for a violation of R.S.39:4-50;
(2)subsection b. or c. of R.S.39:3-40 for operating a motor
vehicle during a period when that violator's driver's
license has been suspended within a five-year period; or
(3)R.S.39:4-50 for a second or subsequent offense, if such revocation
is ordered by the court as authorized under
that section.
This revocation of registration certificate and registration
plates shall apply to all passenger automobiles and
motorcycles owned or leased by the violator and registered under
the provisions of R.S.39:3-4 and all noncommercial trucks
owned or leased by the violator and registered under the provisions
of section 2 of P.L.1968, c.439 (C.39:3-8.1), including
those passenger automobiles, motorcycles and noncommercial trucks
registered or leased jointly in the name of the violator
and the other owner of record.
b.At the time of conviction, the court shall notify each violator
that the person's passenger automobile,
motorcycle, and noncommercial truck registrations are revoked.
Notwithstanding the provisions of R.S.39:5-35, the violator
shall surrender the registration certificate and registration
plates of all passenger automobiles, motorcycles, and
noncommercial truck registrations subject to revocation under
the provisions of this section within 48 hours of the court's
notice. The surrender shall be at a place and in a manner prescribed
by the Director of the Division of Motor Vehicles
pursuant to rule and regulation. The court also shall notify
the violator that a failure to surrender that vehicle registration
certificate and registration plates shall result in the impoundment
of the vehicle in accordance with the provisions of section
4
of P.L.1995, c.286 (C.39:3-40.3) and the seizure of said registration
certificate and registration plates. The revocation
authorized under the provisions of this subsection shall remain
in effect for the period during which the violator's license
to
operate a motor vehicle is suspended and shall be enforced so
as to prohibit the violator from registering or leasing any
other
vehicle, however acquired, during that period.
c.If the violator subject to the penalties set forth in subsections
a. and b. of this section for conviction of
violating the provisions of R.S.39:3-40 was operating a motor
vehicle owned or leased by another person and that other
owner or lessee permitted that operation with knowledge that
the violator's driver's license was suspended, the court shall
suspend the person's license to operate a motor vehicle and
revoke the registration certificate and registration plates
for that
vehicle for a period of not more than six months. Notwithstanding
the provisions of R.S.39:3-35, the owner or lessee shall
surrender the registration certificate and registration plates
of that vehicle within 48 hours of the court's notice of revocation.
The surrender shall be at a place and in a manner prescribed
by the Director of the Division of Motor Vehicles pursuant to
rule and regulation. The court also shall notify the owner or
lessee that a failure to surrender the revoked registration
certificate and registration plates shall result in the impoundment
of the vehicle in accordance with the provisions of section
4
of P.L.1995, c.286 (C.39:3-40.3) and the seizure of said registration
certificate and registration plates. Nothing in this
subsection shall be construed to limit the court from finding
that owner or lessee guilty of violating R.S.39:3-39 or any
other
such statute concerning the operation of a motor vehicle by
an unlicensed driver.
L.1995,c.286,s.2; amended 2000, c.83, s.2.
NJS.A. 39:3-40 Driving While Suspended
Offense 39:3-40 driving while license suspended- general provision
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months
-9 car insurance eligibility points for each violation
$750 DMV surcharges
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment 1- 5 days,
-9 car insurance eligibility points for each violation
$750 DMV surcharges and
- if 2nd offense occurs within 5 years of a conviction for NJS.A.
39:3-40, then revocation of registration certificate for the
period
driver's license is suspended (see NJS.A. 39:3-40.1)
3rd or Subsequent Offense - $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, -9 car insurance eligibility points
for each violation
$750 DMV surcharges and
- if 3rd offense occurs within 5 years of a conviction of NJS.A.
39:3-40, then revocation of registration certificate for the
period driver's
license is suspended (see NJS.A. 39:3-40.1)
Note: For 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. NJS.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.
Offense 39:3-40 (f) (1) --no insurance suspensions --
driving while license suspended due to conviction for NJS.A.
39:6B-2 (driving without insurance)
1st Offense
- $1000 fine, and
- driver's license suspension not less than 12 months, nor more
than 30 months, and
- may impose incarceration not to exceed 90 days
$750 DMV surcharges
-9 car insurance eligibility points for each violation
2nd Offense
- $1250 fine, and
- driver's license suspension of not less than 12 months nor
more than 30 months, and
- may impose period of incarceration of not more than 90 days,
$750 DMV surcharges
-9 car insurance eligibility points for each violation
and
- if 2nd offense occurs within 5 years of a conviction for 39:3-40,
then revocation of registration certificate for period driver's
license is suspended (see NJS.A. 39:3-40.1)
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension of not less than 12 months nor
more than 30 months, and
- incarceration of not less than 10 days, nor more than 90 days,
$750 DMV surcharges
-9 car insurance eligibility points for each violation
and
- if 3rd offense occurs within 5 years of a conviction of NJS.A.
39:3-40, then revocation of registration certificate for the
period driver's
license is suspended (see NJS.A. 39:3-40.1)
Offense 39:3-40 (f) (2) --DWI suspensions --
driving while license suspended due to conviction for:
- 39:4-50 (driving while intoxicated), or
- 39:4-50.4a (refusal to submit to chemical test), or
- 39:5-30a to -30e (habitual offender)
1st Offense
- $1000 fine, and
-driver's license suspension of not less than 12 months, nor
more than 30 months, and
-incarceration of not less than 10 days, nor more than 90 days,
and
-revocation of registration certificate for the period driver's
license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation
2nd Offense
-$1250 fine, and
- driver's license suspension for not less than 12 months, nor
more than 30 months, and
- incarceration of not less than 10 days, nor more than 90 days,
and
- revocation of registration certificate for the period driver's
license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension for not less than 12 months, nor
more than 30 months, and
- incarceration of not less than 10 days, nor more than 90 days,
and
- revocation of registration certificate for the period driver's
license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation
Note: The fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3)
are imposed "notwithstanding" the general penalty provisions
listed above. This chart is based on the assumption that the
fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3) are
in addition to those found in NJS.A. 39:3-40(a)-(e). This reading
of the statute is suggested by State v. Wrotny, 221 NJ Super.
226, 228-30 (App. Div. 1987), though Wrotny does not explicitly
hold as much. For a contrary reading of NJS.A. 39:3-40(f)(1)-(30),
see State v. Walsh, 236 NJ Super. 151, 155 (Law Div. 1989),
and State v. Rought, 221 NJ Super. 42, 47 (Law Div. 1987), which
both held that the fines and penalties of NJS.A. 39:3-40(f)(1)-(3)
are a substitute for those provided by NJS.A. 39:3-40(a)-(e).
Before imposing sentence for a conviction under NJS.A. 39:3-40(f)(1)-(3),
please consult these cases and any other relevant cases decided
after the date of this chart.
Offense 39:3-40 (f) (3) --School Zone suspensions --
driving while license suspended due to conviction for NJS.A.
39:4-50 or 39:4-50.4a, while driving in a school zone, or driving
through a school crossing
1st Offense
- $1000 fine, and
- driver's license suspension for not less than 12 months, nor
more than 30 months, and
- incarceration of not less than 60 days nor more than 90 days
$750 DMV surcharges
-9 car insurance eligibility points for each violation
2nd Offense
- $1250 fine, and
- driver's license suspension for not less than 12 months, nor
more than 30 months, and
- incarceration of not less than 120 days nor more than 150
days
- if 2nd offense occurs within 5 years of a conviction for NJS.A.
39:3-40, then revocation of registration certificate for the
period
driver's license is suspended (see NJS.A. 39:3-40.1)
$750 DMV surcharges
-9 car insurance eligibility points for each violation
3rd or Subsequent Offense
- $1500 fine, and
- driver's license suspension for not less than 12 months, nor
more than 24 months, plus may impose additional suspension not
to
exceed 6 months
- incarceration for 180 days, and
- if 3rd offense occurs within 5 years of a conviction of NJS.A.
39:3-40, then revocation of violator's registration certificate
for the
period driver's license is suspended (see NJS.A. 39:3-40.1)
Note: The fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3)
are imposed "notwithstanding" the general penalty provisions
listed above. This chart is based on the assumption that the
fines and penalties set forth in NJS.A. 39:3-40(f)(1)-(3) are
in addition to those found in NJS.A. 39:3-40(a)-(e). This reading
of the statute is suggested by State v. Wrotny, 221 NJ Super.
226, 228-30 (App. Div. 1987), though Wrotny does not explicitly
hold as much. For a contrary reading of NJS.A. 39:3-40(f)(1)-(3),
see State v. Walsh, 236 NJ Super. 151, 155 (Law Div. 1989),
and State v. Rought, 221 NJ Super. 42, 47 (Law Div. 1987), which
both held that the fines and penalties of NJS.A. 39:3-40(f)(1)-(3)
are a substitute for those provided by NJS.A. 39:3-40(a)-(e).
Before imposing sentence for a conviction under NJS.A. 39:3-40(f)(1)-(3),
please consult these cases and any other relevant cases decided
after the date of this chart.
Offense 39:3-40 (g) --Surcharge Suspensions --
driving while license suspended for failure to pay surcharges
under NJS.A. 17:29A-35
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months, and
- $3000 fine to be collected by DMV. Fine to be waived upon
payment of total surcharge imposed
-9 car insurance eligibility points for each violation
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment not more than 5 days, and
- $3000 fine to be collected by DMV. Fine to be waived upon
payment of total surcharge imposed,
$750 DMV surcharges
-9 car insurance eligibility points for each violation and
- if 2nd offense occurs within 5 years of a conviction for NJS.A.
39:3-40, then revocation of registration certificate for the
period
driver's license is suspended (see NJS.A. 39:3-40.1)
3rd or Subsequent Offense
- $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- $3000 fine to be collected by DMV. Fine to be waived upon
payment of total surcharge imposed
$750 DMV surcharges
-9 car insurance eligibility points for each violation
- if 3rd offense occurs within 5 years of a conviction of NJS.A.
39:3-40, then revocation of registration certificate for the
period driver's license is suspended (see NJS.A. 39:3-40.1)
Speak with an experienced attorney to determine possible rights,
defenses and mitigating factors.
