Penalties regular driving while suspended 39:3-40

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