Penalties regular driving while suspended 39:3-40
Driving while license suspended- general provision
Note: For all offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e).
1st Offense 39:3-40
- $500 fine, and costs mandatory
- driver's license suspension not to exceed 6 months
Plus 9 car insurance points plus $750 in MVC surcharges per offense mandatory
2nd Offense 39:3-40
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for
the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense. (N.J.S.A. 39:3-40(j)).
Plus 9 car insurance points and $750 in MVC surcharges per offense
3rd or Subsequent 39:3-40
Offense - $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the
period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
Plus 9 car insurance points and $750 in MVC surcharges per offense
Offense 39:3-40 (f) (1)
Driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance)
1st Offense
- $1000 fine, and
- driver's license suspension not less than 12 months, nor more than 30 months, and
- may impose imprisonment not more than 90 days.
2nd Offense 39:3-40 (f) (1)
- $1250 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- may impose period of imprisonment of not more than 90 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for
the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent 39:3-40 (f) (1)
Offense - $1500 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- imprisonment for not less than 10 days, nor more than 90 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the
period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
Offense 39:3-40 (f) (2)
Driving while license suspended due to conviction for:
- N.J.S.A. 39:4-50 (DWI driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or
- N.J.S.A. 39:5-30a to -30e (habitual offender)
1st Offense
- $1000 fine, and
-driver's license suspension of not less than 12 months, nor more than 30 months, and
-imprisonment of not less than 10 days, nor more than 90 days, and
-revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1)
2nd Offense 39:3-40 (f) (2)
Driving while license suspended due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or
- N.J.S.A. 39:5-30a to -30e (habitual offender)
-$1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent Driving while license suspended due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test), or
- N.J.S.A. 39:5-30a to -30e (habitual offender)
Offense - $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 10 days, nor more than 90 days, and
- revocation of all registration certificates for the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
Offense 39:3-40 (f) (3)
Driving while license suspended in a school zone due to conviction for:
- N.J.S.A. 39:4-50 (driving while intoxicated), or
- N.J.S.A. 39:4-50.4a (refusal to submit to chemical test)
1st Offense
- $1000 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 60 days nor more than 90 days.
2nd Offense
- $1250 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment of not less than 120 days nor more than 150 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for
the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent
Offense - $1500 fine, and
- driver's license suspension for not less than 12 months, nor more than 30 months, and
- imprisonment for 180 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the
period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
Offense 39:3-40 (g)
Driving while license suspended for failure to pay surcharges under N.J.S.A. 17:29A-35
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed
2nd Offense 39:3-40 (g)
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for at least 1 but not more than 5 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for
the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense.
3rd or Subsequent 39:3-40 (g)
Offense - $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- $3000 fine to be collected by MVC. Fine to be waived upon payment of total surcharge imposed, and
- if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of all registration certificates for the
period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.
Offense 39:3-40(i)
Driving while license is suspended for failure to respond to failure to appear notice or to pay parking judgment or
for failure to comply with a time payment order.
1st Offense
- maximum $100 fine upon proof that the violator has satisfied the parking tickets
- suspension up to 6 months
