I Was Driving While Suspended – Now I'm Facing Jail Time?
While driving down Route 70 in Brick, a person may find themselves stopped for a simple motor vehicle violation by local law enforcement. When asked by the officer to provide his required documents, to the person's surprise the officer might inform him that his license is suspended. Driving without a license or driving while suspended in New Jersey is a serious offense which carries a many penalties. It can subject you to future hardships in the form of expensive fines, further license suspension, and jail. The penalties for driving while suspended in Ocean County are designed to be severe in order to prevent drivers from deliberately disobeying a previous punishment. For anyone who has found themselves facing a driving while suspended charge in Ocean County, legal representation is necessary in order to ensure that your rights are protected.
What Is Driving With Suspended Driver's License (N.J.S.A 39:3-40)?
A driver's license can be suspended in one of two ways in New Jersey. The license can be suspended by the Motor Vehicle Commission, in which case it will be known as an “administrative suspension.” Administrative suspensions result if the driver has failed to pay a required fee or has reached the point limit on his or her driver's license. This type of suspension requires notice beforehand. Alternatively, a court itself may impose the suspension. Court imposed sanctions may come as the result of a previous motor vehicle offense that mandates license suspension as one of its penalties.
What are the penalties for driving while suspended? Are there any defenses?
N.J.S.A. 39:3-40 provides additional penalties for these situations, for example:
Drivers who get into an accident with a suspended license where bodily injured to another person results – These individuals can be imprisoned for 45-180 days.
Drivers who do not have insurance with a suspended license – That person will pay a fine of $500.00, have his or her license suspended up to 2 years after the event, and can be imprisoned in county jail for 90 days.
Drivers who are driving under the influence in violation of N.J.S.A. 39:4-50 with a suspended license- That person will pay a fine of $500.00, face license suspension for up to 2 years, and face jail time for a minimum of 10 days but not more than 90 days.In order to defend against these harmful penalties, you must show that certain elements needed for a guilty conviction are not present. For example, drivers who have had their license suspended as a result of an administrative suspension must have received adequate notice beforehand. If you believe this may apply to your case it is critical to speak to an attorney who can prove that the State has not met its burden in court.
Defending against a driving while suspended charge can be challenging, but with over 20 years of experience in traffic defense Villani & DeLuca, P.C. can provide the assistance you need. Our attorneys have defended these charges from Lacey to Red Bank. If you believe there are issues in your case, give us a call. Our phone number is 732-820-1256 and the first consultation is FREE.
