5th Driving While Suspended 39:3-40 Downgraded to Failure to Show Documents 39:3-29

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

As you may be aware, Driving While Suspended (otherwise known as Driving While on the Revoked List), pursuant to N.J.S.A. 39:3-40, can carry mandatory jail time in certain instances. This jail time, in addition to mandatory license suspensions and thousands of dollars in fines, is typically a new experience for potential clients. Rarely, if ever, do people who have been caught driving while suspended (whether they knew they were suspended or not), expect to be looking at mandatory jail time upwards of three (3) months! This was the case for one of my most recent cases. My client, who had four (4) prior convictions for Driving While Suspended, had already served ten (10) and twenty (20) days on his third and fourth violation, respectively. When he received his fifth offense, my client reached out to my office because not only was he still 3 years away from having his license restored, but he would lose his job if he had to spend any more time in county jail (he was likely facing a thirty day sentence).

After taking over as lead counsel on my client’s case, I was able to artfully negotiate with the prosecutor and speak privately in chambers with the judge. After arguing against the State before the judge, I was able to have my client’s charges downgraded from N.J.S.A. 39:3-40 to N.J.S.A. 39:3-29 (Failure to show documents), a $156 fine with not jail, no license suspension, and not surcharges. My client was happy to accept this negotiated plea deal and pay the fine to avoid any incarceration.

Third or subsequent Driving While Suspended (39:3-40) violations carry a $1,000 fine, $750 in surcharges, a six (6) month loss of license, and a mandatory ten (10) to ninety (90) days in county jail.  The attorneys at the Law Offices Of Jonathan F. Marshall can assist you in defending against these charges. With former county and municipal prosecutors on staff, our firms collective experience can be put to work for you or your loved one. For you complimentary consultation, contact our representatives at 1-800-509-3333. Our attorneys can be reached 24/7 to provide you with your free initial consultation.

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