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Driving with a Suspended License Defense Lawyers in Monmouth County, NJ | Monmouth County

Your license may have been suspended for a number of reasons. Small infractions such as failure to pay a parking ticket could result in a license suspension – or even an event much more serious, such as a DUI conviction, could take away your ability to drive. Unfortunately, countless drivers across New Jersey have had their licenses suspended without their knowledge. You could be driving with an invalid license without even knowing it.

The New Jersey traffic law attorneys at Rudnick, Addonizio, Pappa & Casazza PC help honest people like you resolve issues involving drivers’ license suspensions. Our defense lawyers have two offices conveniently located in Hazlet and East Brunswick, New Jersey to serve Bayshore Area clients. We help individuals in Monmouth, Middlesex, and Ocean counties keep their drivers’ licenses – and avoid excessive fines and jail time.

What Does the New Jersey Law Say About Driving with a Suspended License?

N.J.S.A. 39:3-40 states: “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, or prohibition.” Basically, if the Motor Vehicle Commission (MVC) suspended your license, you are not allowed to drive until it has been reinstated.

Penalties for Driving with a Suspended License in New Jersey
Driving with a suspended license, known as a “39:3-40 violation,” is a serious motor vehicle offense. The penalties for conviction are severe:

  1. For a first offense: $500 fine, suspension of your driver’s license for up to 6 additional months, 9 points, and a $750 surcharge by the Division of Motor Vehicles (the “DMV”)
  2. For a second offense: $750 fine, imprisonment for 1-5 days, suspension of your driver’s license for up to 6 additional months, 9 points, and a $750 surcharge by the DMV. If the second offense occurs within 5 years of a prior 39:3-40 conviction, your vehicle’s registration will be revoked during the period that your driver’s license is suspended.
  3. For a third or subsequent offense: $1,000 fine, imprisonment for 10 days, suspension of your driver’s license for up to 6 additional months, 9 points, and a $750 surcharge by the DMV. If the third or subsequent offense occurs within 5 years of a prior 39:3-40 conviction, your vehicle’s registration will be revoked during the period that your driver’s license is suspended.

In addition, if you are convicted of second offense, it will be considered a fourth degree indictable crime which carries a minimum of six months and as much as 18 months in jail. (N.J.S.A. 2C:40-26)

When you face serious penalties like the ones listed above, don’t leave your future hanging in the balance. Call a New Jersey traffic violations lawyer at Rudnick, Addonizio, Pappa & Casazza PC right away.

What Defenses are Available for Someone Accused of Driving with a Suspended License?

With penalties like these, not to mention the impact on the future cost of your motor vehicle insurance, your first thought should be how to obtain superior legal representation. A seasoned prosecutor will no doubt try to convict you. Would you risk debating him in a courtroom? “Going it alone” or handling one’s own defense in a criminal case results in far more convictions than acquittals.

There are defenses that a skilled NJ lawyer at Rudnick, Addonizio, Pappa & Casazza can raise in a 39:3-40 case. For example, the prosecutor has to prove that you received adequate notice of an alleged suspension. Depending on the circumstances your lawyer may be able to present a convincing argument that you didn’t receive notice, or that due process was not observed in notifying you of the license suspension. Further, the officer must be able to prove you were driving the vehicle at the time of the traffic stop.

Contact an East Brunswick, NJ Lawyer Today for Help with All Your Traffic Violations, including Driving with a Suspended License

If you are facing criminal prosecution for allegedly driving with a suspended license, or for DUI or another serious motor vehicle violation, you should turn to the lawyers at Rudnick, Addonizio, Pappa & Casazza PC, with offices in Middlesex, Monmouth and Ocean counties. Our lawyers have more than 80 years of combined legal experience, have received numerous awards and commendations, and have helped countless individuals obtain all the protections that New Jersey law provides.

From our Hazlet and East Brunswick offices, we serve clients in and around Hazlet, Middletown, Keyport, Union Beach, Holmdel, Red Bank, Monroe, Rumson, Asbury Park, Highlands, Atlantic Highlands, Leonardo, Sea Bright and Monmouth Beach. Call today at 888-657-8883 to schedule a free consultation, or fill out a contact form online.

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