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Did you know that thousands of vehicles are pulled over in New Jersey and New York and people are surprised to be informed that their license is suspended! The minimum costs for driving while suspended is $1261 in costs, fines, and surcharges.The violation of Driving While Suspended is set forth at NJSA 39:3-40. This section states, "no person to whom a driver 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 The statute also prohibits the operation of a motor vehicle whose registration has been revoked.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 For Driving While Suspended (If you are convicted guilty)
The penalties for a first offense is a fine on the amount of $500. In addition to that, the defendant is charged a surcharge of $250/year for 3 years. A second offence holds a fine of $750 and jail time for up to 5 days! A 3rd offence means a $1000 fine plus jail time for 10 days. If the vehicle was in violation and involved in an accident resulting in personal injury, jail time will be at least 45 days.
If an individual violates this section while under suspension issued pursuant to 39:4-50, driving under the influence of liquor or drugs (DUI and DWI) and is convicted, they shall be fined $500.00 extra and have their license suspended for an additional period not less than one year or 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 hearings 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 type is when the driver fails to pay a surcharge or accumulated points has been placed on a suspended list maintained by the New Jersey Division of Motor Vehicles (Division of Motor Vehicles). This makes it illegal for the personal to drive a vehicle for a prescribed period of time in this New Jersey.
If you have been pulled over and are aware of your license being suspended and tell that to the trooper, it will be much harder to create a defense for such a case. However, more often than not the driver claims that they were unaware of their placement on the suspension list which is why the Stabile Law Firm has such a high success rate of winning driving while suspended cases. We put the burden of proof on the state!
View more: http://www.njnytraffictickets.com/new-jersey/suspended-license.asp