Bergen County Driving While Suspended Attorneys

Driving While Suspended conviction can lead to severe consequences including loss of license, fines, and possibly incarceration in the Bergen County Jail. The governing statute in New Jersey for driving while suspended is N.J.S.A. 39:3-40.  Our firm is one of the largest criminal defense firms in New Jersey. Our team of highly skilled lawyers are ready to fight for you or your loved one. Our credentials consist, in part, of:

  • A team of ten (10) lawyers who solely practice criminal and traffic here in New Jersey
  • Over two-hundred (200) years of combined experience
  • More than half of our attorneys were former prosecutors
  • Three (3) attorneys were former Municipal Prosecutors in over 25 towns.
  • Selected by Super Lawyers to their 2020 New Jersey Rising Stars list, an exclusive list recognizing no more than 2.5% of attorneys in New Jersey.

At the Law Offices of Jonathan F. Marshall, we have a team of confident, knowledgeable and experienced attorneys on your side. Please contact any one of our Bergen County office located at 530 Main Street, Suite 205, Fort Lee, NJ for a free initial consolation 201-429-9783.

N.J.S.A. 39:3-40 Driving While Suspended

N.J.S.A. 39:3-40, i.e. Driving While Suspended, states, in part, that “No person to whom a 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, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.” Even if your registration is suspended, under N.J.S.A. 39:3-40, “[n]o person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.” As such, if your license and/or registration is suspended you CANNOT drive/operate car or any motor vehicle for that matter.

Penalties for DWS

The penalties for driving while suspended can be quite harsh and have a lasting impact on your ability to drive as well as your freedom.

  • If convicted of Driving While Suspended (N.J.S.A. 39:3-40) as a first time offender in Fort Lee Municipal Court, you’ll be fined $500.
  • If convicted of Driving While Suspended (N.J.S.A. 39:3-40) as a second time offender in Fort Lee Municipal Court, not only will you’ll be fined $750, but sentenced to a term of “imprisonment in the county jail for at least one but not more than five days”.
  • If convicted of Driving While Suspended (N.J.S.A. 39:3-40) as a third or subsequent offender in Fort Lee Municipal Court, you’ll receive a fine of $1,000.00 and “imprisonment in the county jail for 10 days.”

Traditionally, driving while suspended violations were only traffic offense in nature. However, driving while suspended can become a fourth degree indictable offense pursuant to  N.J.S.A. 2C:40-26.

  • This happens if you drive/operate a vehicle twice during your suspension for a first time DUI/DWI, or for a second or subsequent DWI/DUI and you drive/operate a motor vehicle during the period of your suspension for that DUI/DWI.
  • If convicted of N.J.S.A. 2C:40-26, the Court is required under the law to sentence you to a 180 days in the Bergen County Jail.

It is imperative for you to speak to an experienced New Jersey traffic attorney about your rights immediately because as you will see below depending on why you were suspended can drastically change the severity of the penalties you may be facing.

The Law Offices of Jonathan F. Marshall has been representing individuals charged with a driving while suspended in towns like Paramus, Teaneck, Fort Lee, Rutherford, Hackensack, and Saddle Brook for over15 years.  It is imperative for you to speak to a traffic attorney about your rights immediately because as you will see below depending on why you were suspended can drastically change the severity of the penalties you may be facing, which includes mandatory incarceration in the Bergen County Jail.

Typical DWS Charges in Bergen County:

  1. Driving While Suspended when the Suspension was for a prior DWI
  2. Driving While Suspended when the Suspension was for Unpaid Parking Tickets
  3. Driving While Suspended when the Suspension was for Non-Payment of Surcharges
  4. Driving While Suspended when the Suspension was for Non-Compliance of Court Order Time Payment
  5.  Driving While Suspended when the Suspension was for a prior Driving Without Insurance

I Successfully Completed the License Suspension Period, Why Was My License Not Reinstated?

Even if the license suspension period has passed your license will not be automatically reinstated. Some Municipal Courts instruct the defendant on what steps they must take to rein state their license after their license was suspended. However, court is a daunting experience for most and what the Court is informing you or your loved one sometimes doesn’t always stick due to the level of anxiety or stress associated with a court appearance. Typically, if your license was suspended and you or your loved one have successfully completed the period of your license suspension, then you’ll still need to pay a restoration fee before the NJ MVC reinstates it. At the Law Offices of Jonathan F. Marshall, we have a team of highly qualified lawyers that are ready to help you fight your NJSA 39:3-40 ticket and help reinstate your license.

Will My License Still Be Suspended In Other States?

If you or your loved one’s license is currently suspended, then yes it most likely will be. Most states will recognize your license being suspended in their state if your license was suspended in New Jersey and vice versa. This is due to the Driver License Compact. Only five (5) states did not sign the Driver License Compact.

Over 200 Years of Combined Experience on Staff

As you can tell from above, a violation of the offense of driving while suspended has a wide range of applicable penalties depending on what the underline reason your license was suspended for. Therefore, if you or a loved one has been charged with Driving While Suspended in Fort Lee, Paramus, Hackensack, or anywhere in Bergen County, it is important for you to speak to an experienced traffic attorney about your potential options. If you or a loved one has been issued a Driving While suspended (N.J.S.A. 39:3-40) ticket our team of confident, knowledgeable and experienced attorneys on your side. Please contact any one of our Bergen County office located at 530 Main Street, Suite 205, Fort Lee, NJ for a free initial consolation.