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Caught Driving While Suspended/Revoked?

If you are charged with the traffic violation of driving with a suspended license, you could be arrested, sent to jail, pay severe fines and have an additional driver’s license suspension. Anthony N. Palumbo knows how to fight a traffic violation charge. He will investigate all of the possible reasons why you are being charged with driving on the suspended list and will devise the best defense. He represents individuals with traffic charges throughout New Jersey including Union County, Middlesex County, Essex County, Hunterdon County, Hudson County, Somerset County, Ocean County and Monmouth County.

Call 908-643-6801 To Learn How To Win Your Case

For any conviction of N.J.S., 39:3-40, the court may impose a period of license suspension up to 6 months. Much longer suspension is required by other sections of this statute. Fine and jail term also varies depending upon the reasons for the suspension, the place where the violation occurred, the number of prior convictions and the circumstances that lead to the issuance of a summons.

There are many reasons why a driver’s license may be suspended.

  • Perhaps a driver did not act in accordance with a payment order ruled by the court.
  • The driver did not appear at a scheduled court date.
  • Parking tickets have not been paid.
  • Additional charges (surcharges) from fines were not paid.
  • Child Support is overdue/delinquent.
  • Driving without insurance.

Penalties for Driving on a Suspended License

  • First Offense
    The fine is $500 plus an additional license suspension unless the violation was for operation of a motor vehicle while on the suspension list for DWI or refusal to provide a breath sample in which case the suspension is even longer.
  • Second Offense
    The driver is subject to an additional license suspension of up to 6 months, a fine of $750 and jail for up to 5 days. Additionally under certain circumstances, defendant’s motor vehicle registration privilege may be revoked.
  • Third or Subsequent Conviction
    For a third or subsequent conviction of driving on the suspended list, the driver is subject to a fine of $1,000, jail for 10 days and an additional license suspension.


    Additionally, every conviction will result in a rating plan increase surcharge of $250 a year for three years.

If a driver is involved in an accident while operating a motor vehicle in violation of N.J.S. 39:3-40 and the accident results in body injury to another person, then the court must impose a term of jail of a minimum of 45 days and up to 180 days. It does not matter that the driver was not at fault and that the accident was the fault of the injured party.

There are greatly enhanced penalties when you are on the suspended list because of conviction of DWI, Breath test refusal or as an habitual offender.

It is important to fight a traffic charge to protect your rights and driving privileges. Contact The Law Offices of Anthony N. Palumbo to speak to an attorney who has experience in defending traffic violations of this sort. The initial consultation is free. Our lawyers represent individuals who are accused of all types of traffic offenses including driving while their license is suspended, DUI/DWI, leaving the scene of an accident, eluding the police, careless and reckless driving charges, speeding and all other traffic offenses in Union County, Middlesex County, Essex County, Hudson County, Somerset County, Monmouth County and Ocean County. Anthony N. Palumbo, Esq. knows how to fight the charge of driving on the suspended list. He is an experienced New Jersey criminal and municipal defense attorney who has handled thousands of cases over his 35 years of legal practice.

In almost all cases, Anthony N. Palumbo, Esq. will beat the charge or lessen the impact of the charge on your life.


Question: I did not know that my driver’s license was suspended, what should I do?

Questions of notification of suspension, ineffective notification, the effect of an address change, whether someone else at your residence opened your mail or what happened to your mail, are just some of the possible defenses to the charge.

Question: I have previously been convicted of driving on the suspended list before, what is going to happen to me?

A person previously convicted of driving on the suspended list will have to face the enhanced penalties. Imprisonment in the county jail for up to 5 days, a $750.00 fine and an extension of your driving suspension for up to 6 months are all possible enhanced penalties. For a third offense the fine is $1,000.00 and jail for 10 days and a suspension of up to 6 months.

Question: What if I am on the suspended list because of a DUI conviction?

If the reason that you are on the suspended list is because of a previous conviction for DUI, the fine is $500.00 and an additional suspension of between 1 – 2 years. Additionally, the law requires jail for a minimum of 10 days up to 90 days.

Question: What if I get into a motor vehicle accident while I am on the suspended list?

If you get into a motor vehicle accident while on the suspended list and it results in injuries to another party, even though the accident may not be your fault but is the fault of the other party, you WILL have to spend 45 days and up to 180 days in jail!

Question: What if I am charged with driving on the suspended list in a school zone?

This particular charge will result in an additional suspension of a minimum of 1 year and up to a 2 year jail sentence. The jail sentence will be from 60–90 days for a first offense and 120-150 days for a second offense. A third or subsequent offense carries 180 days in jail.

Question: What if I let somebody drive my car who I knew was on the suspended list?

If you knowingly allow someone to drive your car that is on the suspended list, then you are subject to suspensions.