It's a Friday afternoon and your friends invite you down to their summer home in LBI for the rest of the weekend—everyone you know will be there! It would be impossible to miss this fun in the sun opportunity. There's only one problem: your driver's license is suspended. If you risk it anyways and get caught, you'll get hit with driving with a suspended license charges.
As most people should know and understand, there are no exceptions for a suspended license sanction in New Jersey. When your driver's license is suspended and you get behind the wheel anyway, you are opening yourself up to serious liability. New Jersey policy harshly punishes people who drive while suspended in order to discourage others from taking the risk. Reportedly, many people in New Jersey drive despite the sanction. If you are facing charges for driving while suspended, you will surely need to speak to a traffic defense attorney to determine how you may defend your case in municipal court.
Driving While Suspended N.J.S.A. 39:3-40
A driving while suspended charge in Long Beach Island will be governed by N.J.S.A. 39:3-40. The statute states a general rule:
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.
Penalties for Driving on a Suspended License
The penalties for driving on a suspended license increase depending on whether the offender has been caught driving while suspended more than once. For a first offense, the driver may have to pay a fine up to $500, and possibly even lose their license for another 6 months. A second-time offender will have to pay a fine of $750. Additionally, a second-time offender may have to serve between 1 and 5 days in jail. The second-time offender will also have his or her license suspended for an additional 30 days up to 6 months. Someone who has been caught driving on a suspended license for a third time will have to pay a fine of $1,000, spend 10 days in jail, and have their license suspended for up to 6 months.
If the underlying suspension was based on a DWI or DUI charge, the penalties for driving while suspended will be even more severe. In this case, the driver will face further license suspension up to 2 years. This additional 2 years will begin on the date that the original suspension has run its course. Jail time up to 90 days may also be imposed on the suspended driver.
If the driver was apprehended in a school zone, their penalties may be enhanced. Likewise, if the driver was apprehended while driving without insurance, they will face greater penalties.
Do I Need a Traffic Defense Lawyer?
If you are facing driving while suspended charges, you will need to speak to a traffic defense attorney as soon as possible after you received your sanctions. An experienced traffic defense attorney will be able to help you navigate the municipal court system in Ocean County. The attorneys at Villani & DeLuca P.C. have been established in practice for over 20 years. The firm is located in Point Pleasant Beach, thus our attorneys are well-versed in the various traffic offenses common to the Ocean and Monmouth County areas. Do not hesitate to begin the process of building a defense to your charges.
Call our office at 732-782-9833 for a FREE initial consultation today.