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

MVC points for NJ Motor Vehicle violations.

The following are MVC points for NJ Motor Vehicle violations.

VIOLATION

POINTS

39:3-20 Operating Constructor vehicle in excess of 30 mph 3

39:4-14.3 Operating motorized bicycle on restricted highway 2

39:4-14.3d More than 1 person on a motorized bicycle. 2

39:4-35 Failure to yield to pedestrian in crosswalk 2

39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk 2

39:4-41 Driving through safety zone. 2

39:4-52 Racing on Highway 5

39:4-55 Improper action or omission on grades and curves 2

39:4-57 Failure to observe directions of officer. 2

39:4-66 Failure to stop before crossing sidewalk 2

39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2

39:4-66.2 Driving on private property to avoid traffic signal or stop sign 2

39:4-71 Improper driving on sidewalk 2

39:4-80 Failure to obey direction of officer 2

39:4-81 Failure to observe traffic signal 2

39:4-82 Failure to keep right 2

39:4-82.1 Improper operating of vehicle on divided highway or divider 2

39:4-83 Failure to keep right at intersection 2

39:4-84 Failure to pass right of vehicle proceeding in opposite direction 5

39:4-85 Improper passing on right or off roadway 4

39:4-85.1 Wrong way on one-way street 2

39:4-86 Improper passing, in "No Passing" zone 4

39:4-87 Failure to yield to overtake vehicle 2

39:4-88 Failure to observe traffic lanes 2

39:4-89 Tailgating 5

39:4-90 Failure to yield at intersection 2

39:4-90.1 Failure to use proper entrances to limited access highway 2

39:4-91 Failure to yield to emergency vehicle

39:4-96 Reckless driving     5                                 

39:4-97 Careless driving 2

39:4-97a Destruction of agricultural or recreational property 2

39:4-97.2 3^rdoffense     4 points

39:4-97.1 Slow speed blocking traffic     2

39:4-98 or Speeding up to 14mph above limit  2

39:4-99 Speeding 15-29 mph above limit 4

Speeding 30 mph or more above limit 5

39:4-105 Failure to stop at traffic light 2

39:4-115 Improper turn at traffic light 3

39:4-119 Failure to stop at flashing red signal 2

39:4-122 Failure to stop for police whistle 2

39:4-123 Improper right or left turn  3

39:4-124 Improper turn: from approved turning course 3

39:4-125 Improper u-turn   3

39:4-126 Failure to give proper signal   2

39:4-127 Improper backing or turn in street   2

39:4-127.1 Improper crossing of railroad grade crossing 2

39:4-127.2 Improper crossing of bridge 2

39:4-128 Improper crossing of railroad grade crossing by certain vehicles   2

39:4-128.1 Improper passing of school bus   5

39:4-128.4 Improper passing of frozen dessert truck 4

39:4-129 Leaving scene of accident- No injuries  2

39:4-129 Personal Injury 8

39:4-144 Failure to observe of stop or yield signs  2

39:5D-4 Moving violation out-of-state  2

  This means if you get a speeding ticket in Pennsylvania or New York or even a no point moving violation out of state the NJ MVC will add two points to your DL

27:23-29 Moving against traffic-NJ Tpke. Turnpike, Garden State Pkwy. and Atlantic City Expressway 2

27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 4

27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway   2

Also, tickets written on the Parkway, Turnpike as regulations will be assessed the equivalent points for regular Title 39 violations.

NJ Car Insurance Points in addition to Points imposed by NJ MVC. 

     These points are not the same as those on your driving record maintained by the New Jersey Motor Vehicle Commission. Insurers assign insurance eligibility points to drivers for motor vehicle violations, suspensions and at-fault accidents.

39:4-50 Operating a motor vehicle under the influence  9 points

39:4-50.4 Refusal to submit to a chemical test  9 points

39:3-40 a through h and j

Operating a motor vehicle while driving privilege is suspended

9 points

39:6B-2 Operating a motor vehicle without insurance 9 points

Each at fault accident  5 points

N.J.A.C. 11:3-34.5 (2015)

§ 11:3-34.5 Automobile insurance eligibility points

   (a) Automobile insurance eligibility points shall be accumulated as a result of convictions, suspensions, revocations and determinations of responsibility for civil infractions in accordance with the schedule set forth in the Appendix to this subchapter herein incorporated by reference.

Our office represents persons charged with Serious Traffic offenses.  Criminal and Motor vehicle violations are expensive.  If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.

            

You should consider hiring a Trial Attorney to Represent You If Charged with a Criminal or Serious Motor Vehicle Matter. Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. 

            

When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines you need excellent legal representation. The least expensive attorney is not always the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.

            

Our website www.njlaws.comprovides details on jail terms for criminal offenses and other traffic matters.  Call the Law Office of Kenneth Vercammen a to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses. Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.

                                    

Very truly yours,

            Kenneth Vercammen

            Kenneth Vercammen, Certified Criminal Trial Attorney

            Past NJSBA “Municipal Court Attorney of the Year”

Former Prosecutor of Cranbury Municipal Court 

and co-Author of: ABA "Handling Drug and DWI Cases." 

Celebrating 30+ years of providing excellent service to clients since 1985. We fight to win!

30:4-123.51b Released status under term of parole supervision; rules, regulations; conditions applicable to parole supervision for life.

30:4-123.51b Released status under term of parole supervision; rules, regulations; conditions applicable to parole supervision for life.

3. a. A person who has been sentenced to a term of parole supervision and is on release status in the community pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) shall, during the term of parole supervision, remain on release status in the community, in the legal custody of the Commissioner of the Department of Corrections, and shall be supervised by the Division of Parole of the State Parole Board as if on parole, and shall be subject to the provisions and conditions set by the appropriate board panel. The appropriate board panel shall have the authority, in accordance with the procedures and standards set forth in sections 15 through 21 of P.L.1979, c.441 (C.30:4-123.59 through 30:4-123.65), to revoke the person's release status and return the person to custody for the remainder of the term or until it is determined, in accordance with regulations adopted by the board, that the person is again eligible for release consideration pursuant to section 9 of P.L.1979, c.441 (C.30:4-123.53).

b.The Parole Board shall promulgate rules and regulations necessary to carry out the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

c.A person who has been sentenced to a term of parole supervision for life pursuant to section 2 of P.L.1994, c.130 (C.2C:43-6.4) shall, during the term of parole supervision, remain in the legal custody of the Commissioner of Corrections, be supervised by the Division of Parole of the State Parole Board, and be subject to the provisions and conditions set by the appropriate board panel in accordance with the procedures and standards set forth in sections 15 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.59 through 30:4-123.63 and 30:4-123.65). If the parolee violates a condition of a special sentence of parole supervision for life, the parolee shall be subject to the provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and 30:4-123.65), and may be returned to prison. If revocation and return to custody are desirable pursuant to the provisions of section 19 of P.L.1979, c.441 (C.30:4-123.63), the appropriate board panel shall revoke parole and return the parolee to prison for a specified length of time between 12 and 18 months, which shall not be reduced by commutation time for good behavior pursuant to R.S.30:4-140 or credits for diligent application of work and other institutional assignments pursuant to R.S.30:4-92; provided, however, that nothing contained in this subsection shall be construed or applied to reduce the time that must be served after revocation of parole by a parolee returned to prison for a violation of a condition of any other term of parole supervision. Upon the parolee's release from prison, the parolee shall continue to serve the special sentence of parole supervision for life until released by the Superior Court pursuant to subsection c. of section 2 of P.L.1994, c.130 (C.2C:43-6.4). For the purpose of calculating the limitation on time served pursuant to section 21 of P.L.1979, c.441 (C.30:4-123.65), the custodial term imposed upon the parolee related to the special sentence of parole supervision for life shall be deemed to be a term of life imprisonment. For the purpose of establishing a primary parole eligibility date pursuant to subsection h. of section 7 of P.L.1979, c. 441 (C.30:4-123.51), the specific period of incarceration required to be served pursuant to this subsection shall not be aggregated with a term of imprisonment imposed on the parolee for the commission of any other offense. Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any crime defined in any law of this State, or to limit in any manner the State's ability to pursue both a criminal action and a parole violation pursuant to the provisions of this section or any other law.