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Penalties regular driving while suspended 39:3-40

Penalties regular driving while suspended 39:3-40

Driving while license suspended- general provision

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. N.J.S.A. 39:3-40(e).

1st Offense 39:3-40

- $500 fine, and

- drivers license suspension not to exceed 6 months

Plus 9 car insurance points and $750 in MVC surcharges per offense

2nd Offense 39:3-40

- $750 fine, and

- drivers license suspension not to exceed 6 months, and

- imprisonment for at least 1 but not more than 5 days, and

- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for

the period drivers license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment

for previous offense. (N.J.S.A. 39:3-40(j)).

Plus 9 car insurance points and $750 in MVC surcharges per offense

3rd or Subsequent 39:3-40

Offense - $1000 fine, and

- drivers license suspension not to exceed 6 months, and

- imprisonment for 10 days, and

- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the

period drivers license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for

previous offense.

Plus 9 car insurance points and $750 in MVC surcharges per offense

Offense 39:3-40 (f) (1)

Driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance)

1st Offense

- $1000 fine, and

- drivers license suspension not less than 12 months, nor more than 30 months, and

- may impose imprisonment not more than 90 days.

2nd Offense 39:3-40 (f) (1)

- $1250 fine, and

- drivers license suspension of not less than 12 months nor more than 30 months, and

- may impose period of imprisonment of not more than 90 days, and

- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for

the period drivers license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment

for previous offense.

3rd or Subsequent 39:3-40 (f) (1)

Offense - $1500 fine, and

- drivers license suspension of not less than 12 months nor more than 30 months, and

- imprisonment for not less than 10 days, nor more than 90 days, and

- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the

period drivers license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for

previous offense.

Offense 39:3-40 (f) (2)

Driving while license suspended due to conviction for:

- N.J.S.A. 39:4-50 (driving while intoxicated), or

- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or

- N.J.S.A. 39:5-30a to -30e (habitual offender)

1st Offense

- $1000 fine, and

-drivers license suspension of not less than 12 months, nor more than 30 months, and

-imprisonment of not less than 10 days, nor more than 90 days, and

-revocation of all registration certificates for the period drivers license is suspended (see N.J.S.A. 39:3-40.1)

2nd Offense 39:3-40 (f) (2)

Driving while license suspended due to conviction for:

- N.J.S.A. 39:4-50 (driving while intoxicated), or

- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or

- N.J.S.A. 39:5-30a to -30e (habitual offender)

-$1250 fine, and

- drivers license suspension for not less than 12 months, nor more than 30 months, and

- imprisonment of not less than 10 days, nor more than 90 days, and

- revocation of all registration certificates for the period drivers license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment

for previous offense.

3rd or Subsequent Driving while license suspended due to conviction for:

- N.J.S.A. 39:4-50 (driving while intoxicated), or

- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or

- N.J.S.A. 39:5-30a to -30e (habitual offender)

Offense - $1500 fine, and

- drivers license suspension for not less than 12 months, nor more than 30 months, and

- imprisonment of not less than 10 days, nor more than 90 days, and

- revocation of all registration certificates for the period drivers license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for

previous offense.

Offense 39:3-40 (f) (3)

Driving while license suspended in a school zone due to conviction for:

- N.J.S.A. 39:4-50 (driving while intoxicated), or

- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)

1st Offense

- $1000 fine, and

- drivers license suspension for not less than 12 months, nor more than 30 months, and

- imprisonment of not less than 60 days nor more than 90 days.

2nd Offense

- $1250 fine, and

- drivers license suspension for not less than 12 months, nor more than 30 months, and

- imprisonment of not less than 120 days nor more than 150 days, and

- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for

the period drivers license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment

for previous offense.

3rd or Subsequent

Offense - $1500 fine, and

- drivers license suspension for not less than 12 months, nor more than 30 months, and

- imprisonment for 180 days, and

- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the

period drivers license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for

previous offense.

Offense 39:3-40 (g)

Driving while license suspended for failure to pay surcharges under N.J.S.A. 17:29A-35

1st Offense

- $500 fine, and

- drivers license suspension not to exceed 6 months, and

- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed

2nd Offense 39:3-40 (g)

- $750 fine, and

- drivers license suspension not to exceed 6 months, and

- imprisonment for at least 1 but not more than 5 days, and

- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and

- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for

the period drivers license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment

for previous offense.

3rd or Subsequent 39:3-40 (g)

Offense - $1000 fine, and

- drivers license suspension not to exceed 6 months, and

- imprisonment for 10 days, and

- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and

- if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of all registration certificates for the

period drivers license is suspended (see N.J.S.A. 39:3-40.1), and

- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for

previous offense.

Offense 39:3-40(i)

Driving while license is suspended for failure to respond to failure to appear notice or to pay parking judgment or

for failure to comply with a time payment order.

1st Offense

- maximum $100 fine upon proof that the violator has satisfied the parking tickets

- suspension up to 6 months


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses
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Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation. The Law Office now accepts payment by American Express, Visa and Master Card.

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