Driving When License Has Been Suspended or Revoked: 39: 3-40

New Jersey Criminal Defense Lawyer and Former Prosecutor Defending People Charged with Driving When Suspended or Revoked.

In New Jersey, a conviction for Driving While Suspended or Revoked can result in mandatory jail time and thousands of dollars in fines and surcharges.

There are some minor traffic charges where retaining a lawyer can make little difference and where the consequences are minimal. In New Jersey, Driving While Suspended or Revoked is not one of those “minor” traffic offenses.

Severe Penalties: Your NJ Driver’s License, Job and Liberty May be at Stake

The violation of Driving While Suspended or Revoked is set forth by the New Jersey Legislature at N.J.S.A. 39:3-40. Thousands of New Jersey motorists are stopped each year for routine traffic violations only to be told by a police officer that they have been driving when their driver’s license has been suspended or revoked. Often times the driver did not know he was suspended or revoked and was unaware that a driver’s license could be suspended even if he or she never had a moving violation. The motorist is now facing a driver’s license suspension of up to 6 months as well as mandatory fines even if it is a first offense. For a second offense, the driver is facing mandatory jail from 1 to 5 days and for a third offense, the driver must serve 10 days in jail. Additionally, if the driver was previously suspended as a result of a prior DWI, he is now facing a mandatory jail sentence of between 10 and 90 days regardless of whether or not it is a first offense.

You Need An Experienced New Jersey Lawyer: Do Not Do This Alone

Mr. Ware is a former prosecutor and Board Certified Criminal Trial Attorney has represented individuals all over the State of New Jersey who have received Summonses for Driving While Suspended or Revoked including Morris County, Sussex County, Hunterdon County, Warren County, Somerset County, Bergen County, Passaic County, Union County, Essex County, Monmouth County, and Middlesex County. In order to convict you of Driving While Suspended or Revoked, the Prosecutor has to establish that you received “adequate notice” of the suspension. Many times the driver had no idea that his license had been suspended. Mr. Ware is skilled in challenging the notice at trial or negotiating with the Prosecutor when Notice cannot be established.

Other Defenses Can Lead to an Amendment of Your charges

Under New Jersey law, a driver’s license can be suspended for many reasons including: failure to pay DMV surcharges, failure to pay a license restoration fee, failure to pay fines or appear in court for a traffic violation and having more than 12 points on your driver’s license, or even failure to pay a parking ticket. Mr. Ware will instruct you on how to clear up your previous suspension and is an expert on negotiating with the Prosecutor and Court to in an effort to have the charges dismissed or amended to Driving Without a License (no mandatory jail, points or license loss).

Contact Our NJ Traffic Defense Law Office Immediately

If you have received a motor vehicle summons or ticket for Driving While Suspended or Revoked (N.J.S.A. 39:3-40) in the State of New Jersey, contact the Law Offices of William D. Ware, Esq., immediately at 908-955-7065 for your free consultation.

The Law Offices of William D. Ware, Esq. has the skills and experience to assess your case, cross-examine the charging police officer at trial if necessary and advise you on a course of action that is best for you. Whether we are negotiating with the Prosecutor or defending your legal rights at a trial, we understand the system and how to make it best work for you.