Driving While License Suspended, N.J.S.A. 39:3-40

driving while license suspended, N.J.S.A. 39:3-40Allentown cops arrested a man after he sped from a traffic stop, crashed into three cars, and injured a motorist. And he wrecked his sport-utility vehicle, too. Additionally, the cops found alleged marijuana in the S.U.V. during the arrest, per nj dot com. Consequently, they charged him with eluding, driving while license suspended, uninsured motorist, marijuana possession, and other traffic violations.

Driving While License Suspended
N.J.S.A. 39:3-40

No person…
refused a driver’s license or
with a suspended or revoked driver’s license or reciprocity privilege, or
prohibited from obtaining a driver’s license,
shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.

No person with a revoked motor vehicle registration shall…
operate or
permit the operation of such motor vehicle
during the period of such revocation.

Penalties for
Driving While License Suspended

Except for subsections i. and j., violation of this section shall subject the person to the following penalties for:

  1. A first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a suspension period for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
  2. A second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a suspension period and that second offense occurs within five years of a conviction for that same offense, revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
  3. A third or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a suspension period and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator’s motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
  4. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;
  5. 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 in violation of this section an accident caused bodily injury to another person;
    1. In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction the court shall fine the person $500.00, shall suspend his license to operate a motor vehicle for an additional period of not less than one year nor more than two years, and may imprison him in the county jail for not more than 90 days.
    2. For any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), the court shall fine the person $500, shall suspend his license to operate a motor vehicle for an additional period of not less than one year or more than two years, and shall imprison the person in the county jail for not less than 10 days or more than 90 days, in addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection.
    3. In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, the court shall suspend the person’s license to operate a motor vehicle for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall fine the person $500 and shall imprison the person for a period of 60 to 90 days for a first offense, 120 to 150 days for a second offense, and 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:
      1. on any school property used for school purposes owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
      2. driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
      3. driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
  6. A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

    It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session;

  7. (Deleted by amendment, P.L.2009, c.224);
  8. A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:
    1. Knows that the operator’s license or reciprocity privilege to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or
    2. Knows that the operator’s license or reciprocity privilege to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person’s license was suspended or revoked.
  9. In any case where a person who owns or leases a motor vehicle knows that the operator’s license or reciprocity privilege of the person he permits to operate the motor vehicle is suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the person also shall be subject to the following penalties: for a first or second offense, a fine of $1,000, imprisonment for not more than 15 days, or both; and for a third or subsequent offense, a fine of $1,000, imprisonment for not more than 15 days, or both, and forfeiture of the right to operate a motor vehicle over the highways of this State for a period of 90 days;

  10. For a violator with a suspended driver’s license to operate a motor vehicle pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order, the court shall impose a maximum fine of $100 upon proof that the violator has paid all fines and other assessments related to the parking violation as to the Order of Suspension, or if the violator makes sufficient payments to become current with respect to payment obligations under the time payment order;
  11. As to a person convicted for a second or subsequent violation of this section and the second or subsequent offense involves a motor vehicle moving violation, the court shall impose a term of imprisonment for the second or subsequent offense 10 days longer than the term of imprisonment imposed for the previous offense.

Motor vehicle moving violation means any violation of the motor vehicle laws of this State for which the chief administrator may assess motor vehicle points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

To improve the readability of this statute while at the same time conveying its intent, I took the liberty of rewriting parts of it.

Experienced New Jersey Lawyer Michael Smolensky, Esq., knows how to protect his clients. Mr. Smolensky can provide consultations on all cases in New Jersey involving Driving While Suspended. Call Now—(856) 812-0321.

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