Driving While License Suspended (NJSA 39:3-40)

Driving While Suspended (NJSA 39:3-40)


Section (NJSA 39:3-40) of the New Jersey Statutes prohibits a person from operating a motor vehicle without a valid driver’s license. This includes people whose driver’s licenses have been suspended or revoked, as well as those who have been refused a license or prohibited from obtaining one. It also prohibits operating or allowing someone to operate a motor vehicle whose registration has been revoked.


Points and Penalties of Driving While License Suspended


If you are convicted of or plead guilty to violating section 39:3-40 of the New Jersey Statutes, you will receive a $500 fine and up to a six-month license suspension. A second offense will result in a $750 fine, up to a six-month license suspension, and up to five days’ imprisonment. A third or subsequent offense will get you a $1,000 fine, up to a six-month license suspension, and 10 days’ imprisonment.

If your license suspension was due to driving while intoxicated or refusing to submit to a chemical test, the penalties increase substantially. $1,000 dollars, a 12- to 30-month license suspension, and between 10 and 90 days in prison. For a second or third offense, the license suspension and incarceration remain the same, but the fine goes up to $1,250 and $1,500, respectively.

If your previous DWI or refusal happened in a school zone or a school crossing, the term of incarceration goes up to 60 to 90 days for a first offense, 120 to 150 days for a second offense, and 180 days for a third or subsequent offense.


MVC points and penalties for Driving While License Suspended in the State of New Jersey


A conviction of violating NJSA 39:3-40 will also result in nine insurance points being added to your record. These points are used to determine how much you pay in insurance premiums, and if you accumulate too many points, you may not be able to buy insurance at all on the voluntary market and will need to buy into the more expensive New Jersey Personal Automobile Insurance Plan (NJPAIP). Points do not expire for three years.


If you just received a Driving While Suspended Summons in the State of New Jersey and have any questions, call one of our experienced attorneys today to provide the clarity and peace of mind you are looking for.



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