Driving While Suspended Second Offense Avoids Mandatory Incarceration

Driving While Suspended License Attorney NJ

Just recently I appeared on behalf of a New Jersey driver who was charged with his second driving while suspended in the last year alone (not to mention a list of other motor vehicle offenses). In New Jersey, pursuant to N.J.S.A. 39:3-40, an individual convicted of two (2) driving while on the revoked list (a.k.a. driving while suspended) offenses is required to served a mandatory period of incarceration in the county jail between one (1) and five (5). Depending on the county you reside in, these incarceration periods may be overnight or day-reporting (i.e. you come in the morning and leave in the evening). For our client, the prospect of imprisonment was not an option. Through repeated court appearances and negotiations withe prosecutor, I was able to obtain a amendment of my client’s charges from a N.J.S.A. 39:3-40 to N.J.S.A. 39:3-10 (Unlicensed Driver).  My client was more the pleased to hear that he would be avoiding jail and facing a reduction in the penalties and fines he would be paying to the court. For immediate consultation on how you can fight your driving while suspended ticket in New Jersey, contact the Law Offices of Jonathan F. Marshall today.

Our law firm has a team of former prosecutors ready and able to assist you. With countless years of experience and a proven track record, the Law Offices of Jonathan F. Marshall is the firm you need to fight you traffic or criminal charges. With offices located all over the state for your convenience, we can handle your case from start to finish. For more information and a free initial consultation on your driving while suspended or other traffic violation, contact our office at 1-877-450-8301.


License Suspension for Driving While Suspended

The penalties for driving while suspended are not limited to jail-time. Rather, N.J.S.A. 39:3-40 carries fines, surcharges and an additional period of license suspension. Specifically, the judge may impose an additional six-month (6) loss of license if you are convicted of driving while suspended, regardless of whether it is a first, second, third, or subsequent offense. Moreover, this period of license suspension may not begin until you serve out the current period of time that was imposed for your underlying suspension. The penalties for a second driving while suspended include a $750 fine (subject to enhancement if this occurred in work zone or school zone), court costs and assessments. Furthermore, a $250 yearly surcharge will be imposed for a period of three (3) years by the New Jersey Motor Vehicle Commission. All of these fines and surcharges can quickly add-up, plus you run the risk of an increase in insurance surcharges by your provider, be it GEICO, AllState, etc.

Contact the Law Offices of Jonathan F. Marshall and speak with a traffic attorney about how we can help you fight your driving while suspended ticket. Before your plead guilty in open court, it is imperative that you understand all the repercussions you could be facing. We can be reached 24/7 at 1-877-450-8301.

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