Driving While Suspended or Revoked
Springfield NJ Driving While Suspended Attorneys
Driving with a suspended license is probably the most common motor vehicle offense of magnitude encountered by our defense attorneys. Thousands of individuals have their privileges revoked/suspended each year for failure to pay surcharges, unpaid child support, parking tickets, accumulation of motor vehicle points, court order, failure to appear, a bench warrant, etc. The result is countless tickets and summonses for driving while suspended. If you were charged with driving while suspended in Springfield NJ or another municipal court, it is definitely in your best interests to consult a knowledge attorney immediately. While a suspension and resulting ticket for driving while revoked may be well founded, the truth is that our lawyers are able to avoid a conviction in a substantial majority of these cases. It is therefore foolish in our judgment to plead guilty to a N.J.S.A. 39:3-40 summons or attempt to defend the charge with speaking to our firm. The attorneys at Marshall Bonus Proetta & Oliver defend driving while suspended throughout the county including in Springfield, Roselle Park, Cranford, Union Township or Rahway. One of the attorneys on our staff can be reached 24/7 at 908-272-1700.
New Jersey Driving While Suspended Charge Under N.J.S.A. 39:3-40
The driving with a suspended or revoked license law set forth at N.J.S.A. 39:3-40 probably arises in municipal court more than any other significant traffic offense. This statute prohibits operation of a motor vehicle by some whose “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…” Whether the suspension results from administrative action by the New Jersey Division of Motor Vehicle Commission, a court order or some other action resulting in revocation of an individual’s privilege to drive, there is no ability to operate a motor vehicle legally in this state. If you are stopped as the result of random scanning of your license plate or another valid basis, you face severe penalties for driving while suspended.
Elements of Proof. The prosecutor must establish two facts beyond reasonable doubt in order to convict you for driving with a revoked license. First, it must be proven that you operated a motor vehicle (e.g. car, motorcycle, truck, etc.). Second, the state must establish that your license to drive was suspended or revoked at the time of operation. It is significant to note that this is no requirement under 39:3-40 that the prosecution prove knowledge of the suspension on the part of the accused.
Penalties for First Offense. A first offense of driving while suspended carries a fine of $500 and a drivers license revocation of up to six months.
Penalties for Second Offense. Upon conviction for a second offense, an individual is subject to a fine of $750, imprisonment in the county jail for 1 to 5 days, and is to be suspended an additional period of up to six months. Additionally, if the conviction occurs within 5 years of the first offense of driving while suspended, registration privileges are also suspended.
Penalties for Third or Subsequent Offense. A third offense involves a fine of $ 1,000.00, period of imprisonment of 10 days, and a license suspension of up to six months. Registration privileges are also suspended if the conviction occurs within 5 years of the preceding driving with a suspended license conviction.
Enhanced Penalties for Driving While Suspended for DWI
When an individual is suspended for DWI or refusal to provide breath test, they face enhanced penalties for driving while suspended. A conviction results in a fine of $500, an additional license suspension of 1-2 years and at least 10 days of imprisonment at the Union County Jail. Driving during the suspension period can get even worse if N.J.S.A. 2C:40-26 applies. This law makes it a fourth degree crime if you have a second conviction for driving while suspended while you are revoked for a first offense of dwi or if the violation occurs during the period of suspension for a second or subsequent dwi offense. There is a mandatory minimum period of incarceration of 180 days that applies at the time of sentencing under 2C:40-26.
Roselle Park NJ Driving With a Suspended License Lawyer
There are many issues that flow from a driving while suspended offense in the Borough of Roselle Park or elsewhere in the region. There are additional periods of suspension, fines, potential jail time and huge complications in the costs and ability to secure automobile insurance. Fortunately, these ramifications can be avoided by a lawyer at Marshall Bonus Proetta & Oliver in most cases. Our former prosecutors and other seasoned defense attorneys have handled thousands of revoked license cases over the last twenty plus years and know what it takes to escape a conviction in Linden, Westfield, Roselle, Elizabeth, Plainfield or another Union County municipality. To speak to an attorney immediately about your case, contact our Union NJ Office at 908-272-1700.
Our driving while suspended defense lawyers represent clients in Westfield, Scotch Plains, Garwood, Plainfield, Hillside, Rahway, New Providence, Elizabeth, Linden, Springfield, Berkeley Heights, Roselle Park, Cranford, Union Township, Clark, Fanwood, Roselle, Kenilworth, Summit and New Providence, and are available by contacting Marshall Bonus Proetta & Oliver, 2204 Morris Avenue, Suite 310, Union, New Jersey 07083.