NewsApril 8, 20240 comments

Driving While Suspended in New Jersey

Driving while suspended in New Jersey can lead to severe penalties. If you find yourself in such a situation, you must understand the potential ramifications.

A New Jersey criminal defense attorney can explain the penalties you may face and how they can assist if authorities have charged you with this offense. Seek a legal consultation with a New Jersey defense lawyer now.

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Penalties for Driving While Suspended in New Jersey

Surprisingly, many people in our state drive with a suspended license. Researchers found that 5.5 percent of drivers – more than 420,000 of them – were driving while suspended in New Jersey in a recent year.

You might also be surprised to know that nearly all of those suspensions – more than 90 percent – were due to issues that had nothing to do with operating a motor vehicle.

Law enforcement suspended many licenses because people failed to pay a fine or fee. Others failed to pay child support or appear in court. Many others failed to submit to state-mandated drug or alcohol tests. More than 500 offenses can lead to a license suspension in New Jersey.

You risk facing severe consequences when you drive while suspended in New Jersey. If police accuse you of driving with a suspended license, you can face a $500 fine.

In addition, you can face a jail sentence of as long as 180 days (six months). These penalties can significantly impact your life, not only financially but also in terms of your freedom.

Driving while suspended in New Jersey can lead to further suspension of your driving privileges. The length of the additional suspension can vary depending on the circumstances of your case, but it can significantly extend your time without a license. This can make daily responsibilities such as getting to work or school challenging.

Penalties for Repeat Offenses

If police catch you driving while suspended in New Jersey multiple times, the penalties can become even more severe. Repeat offenders may face increased fines, more extended periods of imprisonment, and even the possibility of the police impounding their vehicle.

For example, a second driving while suspended can result in a mandatory jail sentence of one to five days, a $750 fine, and an extra suspension of as long as six months.

The penalties jump to ten days in jail, a $1,000 fine, and an added six-month suspension for a third or subsequent offense. If your previous suspension occurred due to a DUI or DWI charge, you’ll face mandatory jail time and an even longer suspension.

How a New Jersey Criminal Defense Lawyer Can Help

Facing a charge of driving with a suspended license in New Jersey can be daunting, but having the right attorney by your side can make a significant difference in the outcome of your case. Here’s how an experienced criminal defense attorney can help.

Spelling Out Your Rights

First and foremost, a New Jersey defense attorney can provide you with a thorough understanding of the legal process and the charges against you. They’ll explain your rights, potential penalties, and the steps to resolve your case. This knowledge will help you make informed decisions.

Preparing Your Defense

Furthermore, an attorney can assess the specific circumstances of your case and develop a tailored defense strategy on your behalf. Your lawyer will review all available evidence, such as police reports and witness statements, to identify weaknesses in the prosecution’s case and opportunities to challenge the charges against you.

Representation in Court

An attorney can also represent you in court, advocating for your interests and presenting compelling arguments on your behalf. They have the experience to navigate courtroom procedures effectively, ensuring they present your case in the best possible light.

Negotiating With the Prosecution

An experienced lawyer also knows how to negotiate with prosecutors to seek a favorable resolution to your case. They may negotiate reduced charges or penalties, alternative sentencing options, or even dismissal of the charges altogether.

Your lawyer’s negotiation skills and knowledge of the law can significantly improve your chances of achieving a positive outcome.

Guidance and Support

Stressed and angry Asian woman fatigued from suspended driving license. Headache, tiredness, and stretching.

Just as importantly, your lawyer will be by your side throughout your case. They’ll answer your questions, address your concerns, and provide reassurance to remove as much stress and uncertainty as possible. Having a knowledgeable professional on your side can eliminate much of the anxiety you’re feeling.

Potential Defense Strategies

If you’re facing charges of driving while suspended in New Jersey, several potential defenses may apply to your case. These are just a few:

One possible defense is a lack of knowledge about the suspension of your license. Authorities may have failed to properly notify you of the suspension or made mistakes in the notification process.

If this is the case, you can argue that you were unaware of the suspension and, therefore, not knowingly driving with a suspended license.

Another defense is to challenge the validity of the original suspension. Suppose there were errors or irregularities in the process leading to the suspension of your license.

These errors can include administrative mistakes or failure to provide proper documentation. If so, you can possibly have the suspension overturned, which will invalidate the charge of driving while suspended in New Jersey.

If you had a valid reason for driving despite the suspension, such as a medical emergency, this may serve as a defense. Providing evidence to support your reasoning, such as medical records or testimony from witnesses, can strengthen this defense and potentially mitigate the penalties you face.

Finally, if you weren’t driving the vehicle at the time of the alleged offense, you can challenge the charge’s accuracy. For example, if someone else was driving the vehicle or if you kept the vehicle parked and not in operation, you may have a viable defense.

Speak With an Experienced New Jersey Criminal Defense Attorney

Lindsay Bernstein, Esq. | Attorney for DUI defense in Clifton, NJ — Lindsay Bernstein, Esq, New Jersey Criminal Defense Lawyer

You must take a charge of driving while suspended in New Jersey seriously. The stakes are too high to ignore the situation. Please don’t hesitate to contact a criminal defense lawyers to protect your rights and determine the best possible defense.