Driving While Suspended as a Fourth Degree Crime – NJSA 2C:40-26

Enhanced Penalties for Driving While Suspended for a DWI or Driving Without Insurance

Driving While Suspended as a Fourth Degree Crime

Photo courtesy of Timo Newton-Syms

There are very few criminal violations that have penalties as surprisingly severe as when a driver faces charges for driving while suspended as a fourth degree crime. N.J.S.A. 2C:40-26, known as “Operating Motor Vehicle During Period of License Suspension,” has been controversial since it was placed into effect on August 1st of 2011. This is due to the fact that if a person is found guilty of driving while suspended as a fourth degree crime, the mandatory minimum punishment is a one year loss of license and 180 days in jail, with no parole eligibility, all for what is usually regarded as a much less serious traffic ticket.

If you have been charged with driving while suspended as a fourth degree crime, you should strongly consider hiring an attorney. Our lawyers are skilled in finding ways out of the mandatory imprisonment period, and may be able to reduce the license suspension term as well. Options could be available, such as obtaining a downgrade of the charge, or even entering the driver into Pre-Trial Intervention. Call us at 1 (877) 450-8301 to speak with a lawyer and find out how to minimize the impact these charges could have on you and your livelihood.

Elements to Charge a Driver with Driving While Suspended as a Fourth Degree Crime Under NJSA 2C:40-26

2nd or Subsequent Driving While Suspended Charge on a 1st DWI or Refusal 

N.J.S.A. 2C:40-26(a) – Drivers found to be operating a vehicle while on a suspension period following their first ‘Driving While Intoxicated’ or Refusal charge will only receive a standard DWS ticket under N.J.S.A. 39:3-40. However, if the driver proceeds to receive a second or subsequent DWS violation on the same DWI or Refusal suspension period, the driver will be subject to the much harsher punishments of the indictable driving while suspended as a fourth degree crime. The term of imprisonment will be set at 180 days with no parole eligibility. Pursuant to N.J.S.A. 39:3-40, the driver’s license will also be suspended for an additional period of a minimum 12 months and a day, to 30 months maximum. This suspension will typically run consecutive to the DWI suspension term already in effect, meaning that the new suspension won’t begin until the previous suspension is over. In addition, fines for driving while suspended as a fourth degree crime will likely be assessed, which can total over $1250.

Driving While Suspended for a 2nd DWI or Refusal

N.J.S.A. 2C:40-26(b) – If a driver is found to be operating a motor vehicle just once during a suspension period for his or her second or subsequent DWI or Refusal charge, the driver will be subject to the charge of Driving While Suspended as a fourth degree crime. As explained above, the driver will be subject to 180 days in jail, without parole, and 12 to 30 months additional loss of license. There will also be fines assessed upwards of $1000.

The statute for Driving While Suspended as a fourth degree crime reads as follows:

N.J.S.A. 2C:40-26  Operating motor vehicle during period of license suspension, fourth degree crime.

1. a. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor’s license was suspended or revoked for a first violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense.  A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.

b. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor’s license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a).  A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.

c. Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.

If you have been charged with driving while suspended as a fourth degree crime, it is important that you have help in breaking down the charges and minimizing your potential jail term. Call our office 24/7 at 1 (877) 450-8301 to speak with an attorney today.