Driving While Suspended
One of the most common motor vehicle violations that carries a "consequence of magnitude" (potential high fines, loss of driving privileges, and/or jail) is driving while suspended or operating a motor vehicle while on the suspended list in violation of N.J.S.A. 39:3-40. There are many reasons why someone can have their driving privileges suspended. For example, suspensions may be due to non payment of surcharges to the Division of Motor Vehicles, non payment of fines in connection with traffic or parking tickets, failing to appear in Court, accumulation of moving violation points, failure to have liability insurance, or serving a suspension in connection with a sentence ordered by the Court. Either way, it is important to know what you are facing if you are convicted and the collateral consequences that may be incurred by having a conviction on your record. Each prior conviction may enhance the mandatory penalties and can result in higher fines, additional jail time, and additional loss of your driving privileges. There may also be enhancements on penalties if you are involved in an accident, you are convicted of driving while suspended in connection with a D.W.I. suspension, and/or a suspension in connection with a violation of operating a motor vehicle without liability insurance. In fact, there is new legislation that can make operating a motor vehicle while suspended a fourth degree crime under certain circumstances!
If you are charged with a violation of N.J.S.A. 39:3-40 it is imperative that you seek the advice of experienced legal counsel to help guide you through the various sentencing issues and properly advise you of the potential collateral consequences if you plead guilty or you are convicted. Even a first offense conviction of the statute can impact your driving privileges, result in assessment of surcharges, result in fines and costs in excess of $500.00, and can act to enhance any future offenses despite the length of time that lapsed between your first and second offense. It is important to understand the mandatory penalties that can be imposed for future offenses before you can make an informed decision on how to handle your pending case.
If you are charged with a violation of N.J.S.A. 39:3-40 it is imperative that you seek the advice of experienced legal counsel to help guide you through the various sentencing issues and properly advise you of the potential collateral consequences if you plead guilty or you are convicted. Even a first offense conviction of the statute can impact your driving privileges, result in assessment of surcharges, result in fines and costs in excess of $500.00, and can act to enhance any future offenses despite the length of time that lapsed between your first and second offense. It is important to understand the mandatory penalties that can be imposed for future offenses before you can make an informed decision on how to handle your pending case.
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New Jersey Legislation Recently passed into law a statute making it a potential criminal offense to operate a motor vehicle while suspended in connection with DWI conviction.
Below is a copy of the newly designed statute that make your operation of a motor vehicle during a D.W.I. suspension a potential criminal offense that can carry a mandatory minimum 6 month jail term without eligibility for parole.
N.J.S.A. 2C:40-26 Operating motor vehicle during period of license suspension, fourth degree crime.
1. a. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a first violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and the actor had previously been convicted of violating R.S.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.
b.It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
c.Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.
L.2009, c.333, s.1.
P.L.2009, c.333. -see A4303
Provides that certain drunk driving offenders who drive with a suspended driver's license are guilty of a fourth degree crime.
Pamphlet Law 1 pages Approved 1/18/2010 PDF Format HTML Format
This act shall take effect on the first day of the nineteenth month after enactment; (which is Aug 1st 2011) provided however, the Chief Administrator of the New Jersey Motor Vehicle Commission may take any anticipatory administrative action prior to the effective date necessary for its timely implementation.
Approved January 18, 2010.
As you can see this criminal statute can have a devastating effect upon anyone as there is a mandatory term of imprisonment. This means no matter what mitigating factors you present at sentencing the Judge must sentence you to six months in jail. In addition, according to this statute you would not be eligible for parole or release prior to serving at least six months in jail. This makes the penalties for an underlying traffic offense unlike any other criminal penalty. It is important that you consult with competent legal counsel if you are charged with this offense. The sentencing guidelines impact almost any person charged with this offense as it can result in collateral consequences in your personal life. The loss of employment, loss of income, and other personal losses may result from a potential six month jail sentence. In most counties, the mandatory term of imprisonment will also bar the defendant from alternatives to jail such as S.L.A.P., Work release, weekend reporting, and other programs run by the County Jail. In addition, it will likely bar a defendant from being approved for diversionary programs such as P.T.I. that are often available for 4th degree crimes. It is important to exercise every potential legal defense as a conviction will likely result in serving at least six months in jail before you are eligible to be released.
N.J.S.A. 2C:40-26 Operating motor vehicle during period of license suspension, fourth degree crime.
1. a. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a first violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and the actor had previously been convicted of violating R.S.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.
b.It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
c.Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.
L.2009, c.333, s.1.
P.L.2009, c.333. -see A4303
Provides that certain drunk driving offenders who drive with a suspended driver's license are guilty of a fourth degree crime.
Pamphlet Law 1 pages Approved 1/18/2010 PDF Format HTML Format
This act shall take effect on the first day of the nineteenth month after enactment; (which is Aug 1st 2011) provided however, the Chief Administrator of the New Jersey Motor Vehicle Commission may take any anticipatory administrative action prior to the effective date necessary for its timely implementation.
Approved January 18, 2010.
As you can see this criminal statute can have a devastating effect upon anyone as there is a mandatory term of imprisonment. This means no matter what mitigating factors you present at sentencing the Judge must sentence you to six months in jail. In addition, according to this statute you would not be eligible for parole or release prior to serving at least six months in jail. This makes the penalties for an underlying traffic offense unlike any other criminal penalty. It is important that you consult with competent legal counsel if you are charged with this offense. The sentencing guidelines impact almost any person charged with this offense as it can result in collateral consequences in your personal life. The loss of employment, loss of income, and other personal losses may result from a potential six month jail sentence. In most counties, the mandatory term of imprisonment will also bar the defendant from alternatives to jail such as S.L.A.P., Work release, weekend reporting, and other programs run by the County Jail. In addition, it will likely bar a defendant from being approved for diversionary programs such as P.T.I. that are often available for 4th degree crimes. It is important to exercise every potential legal defense as a conviction will likely result in serving at least six months in jail before you are eligible to be released.