Driving While Suspended 39:3-40 Downgraded to Failure to Exhibit Driver’s License 39:3-29

Everyday, New Jersey Drivers are stopped for one of a litany of motor vehicle violations on our roadways. Often times, drivers are informed that, in addition to the underlying reason for the motor vehicle stop, their license is currently suspended with New Jersey Motor Vehicle Commission. These drivers are then issued a ticket for Driving on the Revoked List, under N.J.S.A. 39:3-40. Recently, my firm appeared on a case just like this scenario. The client was facing charges for Driving While Suspended N.J.S.A. 39:3-40, which carried up to six (6) month loss of license and $1,250.00 in fines and surcharges. Thankfully, through negotiations and plea bargaining with the prosecutor, I was able to work out a negotiated plea, whereby my client would plead guilty to a different violation, specifically, Failure to Exhibit Documents, under N.J.S.A. 39:3-29, rather than the Driving While Suspended charge. All together, the client only had to pay $189.00 to the court and was able to avoid any license suspension or surcharge to the New Jersey Motor Vehicle Commission.

If you or someone you love have been charged with Driving While Suspended, N.J.S.A. 39:3-40, you should take notice of the severity. You could be facing possible jail time and license suspension, depending on the underlying circumstances. Contact the Law Offices of Jonathan F. Marshall today and speak with a former municipal or county prosecutor today about your 39:3-40 charges. Our firm may be reached 24/7 at 1-877-450-8301.

Failure to Show Documents 39:3-29 Penalties

39:3-29. The driver’s license, the registration certificate of a motor vehicle and an insurance identification card shall be in the possession of the driver or operator at all times when he is in charge of a motor vehicle on the highways of this State.

The driver or operator shall exhibit his driver’s license and an insurance identification card, and the holder of a registration certificate or the operator or driver of a motor vehicle for which a registration certificate has been issued, whether or not the holder, driver or operator is a resident of this State, shall also exhibit the registration certificate, when requested so to do by a police officer or judge, while in the performance of the duties of his office, and shall write his name in the presence of the officer, so that the officer may thereby determine the identity of the licensee and at the same time determine the correctness of the registration certificate, as it relates to the registration number and number plates of the motor vehicle for which it was issued; and the correctness of the evidence of a policy of insurance, as it relates to the coverage of the motor vehicle for which it was issued.

Any person violating this section shall be subject to a fine of $150, of which $25 shall be deposited in the Uninsured Motorist Prevention Fund established by section 2 of P.L.1983, c.141 (C.39:6B-3).

Driving While Suspended 39:3-40 Penalties

Conviction under this statute brings the following penalties. Upon conviction of the first offense of fine of $500.00. The defendant will also be surcharged a mandatory $250.00 per year for 3 years in every DWS by the DMV. Upon conviction for the second offense a fine of $750.00 and imprisonment in the county jail for not more than 5 days. Upon conviction for the third offense a fine of $1000.00 and imprisonment in the county jail for 10 days. Additionally, the statute states, upon the conviction the court shall impose or extend a period of suspension not to exceed 6 months. Also, upon conviction the court shall impose a period of imprisonment for not less than 45 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in personal injury to another person.

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