Is Driving with a Suspended License a Serious Offense?

Yes, operating a motor vehicle during a period of driver's license suspension is a very serious offense or crime in New Jersey, which could result in significant direct and collateral consequences. Direct consequences are the penalties which are imposed by the court, while collateral consequences are the effects of having that offense on your record. Depending upon the circumstances of the case, a suspended driver is subject to the penalties of a traffic offense (N.J.S.A. 39:3-40) or a 4th degree crime (N.J.S.A. 2C:40-26). The direct penalties associated with the 4th degree crime include a term of mandatory imprisonment up to 18 months, of which at least 6 months shall be served without parole. The direct penalties of the traffic offense include a fine of up to $1,500, an additional license suspension of up to 30 months, and imprisonment up to 100 days. The potential collateral consequences associated with a suspended license violation include immigration problems (if you are not a citizen of the United States, a conviction may result in your removal from the United States and/or stop you from being able to legally enter or re-enter the United States and you have the right to seek individualized advice from an attorney about the effect your guilty plea will have on your immigration status), work-related problems, international travel restrictions (some countries deny entry to travelers with certain convictions), commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment of $250.00 per year for 3 years (N.J.S.A. 17:29A-35), and 9 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix).

In the event a driver is not issued a ticket by a police officer for operating while suspended, but instead receives a ticket for another moving violation or is involved in an accident while suspended, the New Jersey Motor Vehicle Commission (MVC) will automatically issue a Scheduled Suspension Notice to the driver for 180 days (i.e. 6 months) of license suspension when the moving violation and/or accident is reported to the MVC (N.J.S.A. 39:3-40, N.J.S.A. 39:5-30, and N.J.A.C. 13:19-10.8).

The information above is a brief overview of the serious nature of matters involving driving with a suspended driver's license. You should contact an experienced defense attorney who will explain all of your options and defenses based upon the specific circumstances of your case and work hard to reduce or avoid the potential penalties. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the offense beyond a reasonable doubt.