We represented an individual in Bellmawr for a 4th Offense 39:3-40 Driving While Suspended. He was facing 10 days jail. He knew he was suspended when he got this ticket. His license was NOT restored and was STILL suspended when we appeared in court. We were able to avoid jail and amend his ticket to a much lesser offense with NO additional suspension. He paid a total fine of $189.
Look Below for the Penalties and Fines for a 39:3-40 Driving While Suspended:
Most Common Mandatory Penalties for 39:3-40:
1st Offense: Upon conviction of a first offense, a fine of $500.00 and a period of drivers license suspension of up to six months.
2nd Offense: Upon conviction of a second offense, a fine of $750.00, imprisonment in the county jail for not more than five days, and a period of drivers license suspension of up to six months.
3rd Offense: Upon conviction of a third or subsequent offense, a fine of $1,000.00, imprisonment in the county jail for ten days, and a period of drivers license suspension of up to six months.
Mandatory Motor Vehicle Commission (MVC) Surcharges:
Upon conviction of a 39:3-40 the MVC imposes a $250.00 surcharge for each year for the next three (3) years.
Most Common Enhancement of 39:3-40 Penalties if the Following Occurred:
Accident Involving Personal Injury: Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle you are involved in an accident (even if it was not your fault) resulting in bodily injury to another person.
Driving While Suspended when Initially Suspended for Driving an Uninsured Vehicle Under NJSA 39:6B-2:
Upon conviction, the court shall impose an additional $500.00 fine, and shall have your license suspended an additional one to two years and may be imprisoned in the county jail for not more than ninety days.
Driving While Suspended when Initially Suspended for a DWI Under NJSA 39:4-50:
Upon conviction, the court shall impose an additional $500.00 fine, and shall have your license suspended an additional one to two years and may be imprisoned in the county jail for not less than 10 days or more than 90 days.
Subsequent NJSA 39:3-40 with a companion motor vehicle moving violation:
If you are convicted of a second or subsequent violation and the second or subsequent offense involved a moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense. A moving violation is any violation for which motor vehicle points are assessed by the Motor Vehicle Commission.
Look Below for the Penalties and Fines for a 39:3-40 Driving While Suspended:
Most Common Mandatory Penalties for 39:3-40:
1st Offense: Upon conviction of a first offense, a fine of $500.00 and a period of drivers license suspension of up to six months.
2nd Offense: Upon conviction of a second offense, a fine of $750.00, imprisonment in the county jail for not more than five days, and a period of drivers license suspension of up to six months.
3rd Offense: Upon conviction of a third or subsequent offense, a fine of $1,000.00, imprisonment in the county jail for ten days, and a period of drivers license suspension of up to six months.
Mandatory Motor Vehicle Commission (MVC) Surcharges:
Upon conviction of a 39:3-40 the MVC imposes a $250.00 surcharge for each year for the next three (3) years.
Most Common Enhancement of 39:3-40 Penalties if the Following Occurred:
Accident Involving Personal Injury: Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle you are involved in an accident (even if it was not your fault) resulting in bodily injury to another person.
Driving While Suspended when Initially Suspended for Driving an Uninsured Vehicle Under NJSA 39:6B-2:
Upon conviction, the court shall impose an additional $500.00 fine, and shall have your license suspended an additional one to two years and may be imprisoned in the county jail for not more than ninety days.
Driving While Suspended when Initially Suspended for a DWI Under NJSA 39:4-50:
Upon conviction, the court shall impose an additional $500.00 fine, and shall have your license suspended an additional one to two years and may be imprisoned in the county jail for not less than 10 days or more than 90 days.
Subsequent NJSA 39:3-40 with a companion motor vehicle moving violation:
If you are convicted of a second or subsequent violation and the second or subsequent offense involved a moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense. A moving violation is any violation for which motor vehicle points are assessed by the Motor Vehicle Commission.
