Penalties for Third or Subsequent ‘Driving While Suspended’ in NJ

Driving While Suspended is a ticket that very often snowballs into multiple offenses. Very often, one offense turns into a second or third Driving While Suspended, since each offense would carry an additional suspension period. But what drivers need to be aware of is that the penalties can escalate to include mandatory jail time on a third or subsequent Driving While Suspended conviction. The fines will also increase for each offense.

Note: If your license was suspended for Driving While Intoxicated (N.J.S.A. 39:4-50) A separate, indictable charge for Fourth Degree Driving While Suspended could be relevant to your case, and is not discussed below. See here for more information on this charge (N.J.S.A. 2C:40-26).

Jail Time for Third or Subsequent ‘Driving While Suspended’ in NJ

While jail time is not even an afterthought for most people on a first offense Driving While Suspended, a mandatory 1 to 5 days in jail is the prescribed penalty for a second offense. This number rises to a minimum 10 days in county jail for a third or subsequent Driving While Suspended conviction.

This doesn’t always mean that if you’re charged with a third or subsequent Driving While Suspended, that you’ll automatically end up in county jail. There are many legal arguments and applications that can be argued on your behalf, which can reduce the charge, get a dismissal of the ticket, or have your 10 days served in an alternative custodial program like SLAP, the New Jersey Sheriff’s Labor Assistance Program. Alternatively, weekend sentencing could also be argued for.

If you’re facing any Driving While Suspended charge, it is important to have it handled correctly to try and minimize the penalties and impact it could have on your livelihood. Call 1 (877) 450-8301 to speak with an experienced Driving While Suspended attorney 24/7.

NJ License Suspension for Third or Subsequent ‘Driving While Suspended’

Regardless of the number of offenses, a driving while suspended conviction will always carry a suspension period between 1 and 180 days (6 months). The NJ Motor Vehicle Commission can also issue a suspension if no ticket is issued by the court. This is referred to as an ‘Operating During a Suspension Period‘ administrative suspension, and is handled separate from any court proceedings.

Third or Subsequent ‘Driving While Suspended’ Fines and Costs in NJ

The fine for a first offense Driving While Suspended is $500, and steps up by $250 for each subsequent offense. Therefore, a second offense of Driving While Suspended is $750, and a third offense is $1000. Subsequent offenses will remain at $1000. In addition, all of these are subject to a $33 “court costs” fee.

These fines increase by $500 each if the driver had been suspended at the time of the offense for Driving Without Insurance (N.J.S.A. § 39:6B-2) or Driving While Intoxicated (N.J.S.A. § 39:4-50)

After any license suspension goes into effect, a driver will be required to also pay a $100 License Restoration Fee to the NJ Motor Vehicle Commission.

The penalties for Driving While Suspended add up over time. If you have questions about your Driving While Suspended charge, call 1 (877) 450-8301 and speak with an attorney who can help you figure out the next steps toward resolving your tickets.

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