Driving While Suspended in New Jersey

N.J.S.A. 39:3-40 · License, Registration & Insurance Offenses

What the law says

A person may not personally operate a motor vehicle while the person’s driver’s license has been refused, suspended, or revoked, or while the person is prohibited from obtaining a driver’s license. A person may not operate, or permit the operation of, a motor vehicle whose registration has been revoked. The section also penalizes a vehicle owner or lessee who knowingly permits certain suspended or revoked drivers to operate the vehicle.

Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.

What the statute covers

Key rules in N.J.S.A. 39:3-40 that the State relies on:

How the charge is graded

• Upon conviction for a first offense, a fine of $500.00; if the offense involves operation during a period when the violator’s driver’s license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator’s motor vehicle registration privilege in accordance with sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5).
• Upon conviction for a second offense, a fine of $750.00 and imprisonment in the county jail for at least one but not more than five days; if the second offense involves operation during a period when the violator’s driver’s license is suspended and occurs within five years of a conviction for that same offense, revocation of the violator’s motor vehicle registration privilege in accordance with sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5).
• Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days; if the offense involves operation during a period when the violator’s driver’s license is suspended and occurs within five years of a conviction for the same offense, revocation of the violator’s motor vehicle registration privilege in accordance with sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5).

Penalties in the statute

• Upon conviction, the court shall impose or extend a period of suspension not to exceed six months.
• If, while operating a vehicle in violation of this section, a person is involved in an accident resulting in bodily injury to another person, the court shall impose imprisonment for not less than 45 days or more than 180 days.
• In addition to penalties under subsections a. through e., a person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2) shall, upon conviction, be fined $500.00, have the person’s license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.
• In addition to penalties under subsections a. through e. and paragraph (1) of subsection f., a person violating this section while under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), or P.L.1982, c.85 (C.39:5-30a et seq.) shall be fined $500, have the person’s license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and be imprisoned in the county jail for not less than 10 days or more than 90 days.
• In addition to penalties under subsections a. through e. and paragraphs (1) and (2) of subsection f., a person operating a motor vehicle while in violation of paragraph (2) of subsection f. in one of the specified school-related locations shall have the person’s license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, commencing upon completion of any prison sentence imposed; shall be fined $500; and shall be imprisoned for 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.
• A person who owns or leases a motor vehicle and permits another to operate it under the circumstances in subsection h. is subject to suspension of the owner’s or lessee’s license to operate a motor vehicle and revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5).
• If an owner or lessee knows that the permitted operator’s license or reciprocity privilege is suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the owner or lessee is subject, for a first or second offense, to a fine of $1,000, imprisonment for not more than 15 days, or both; for a third or subsequent offense, the owner or lessee is subject to a fine of $1,000, imprisonment for not more than 15 days, or both, and forfeiture of the right to operate a motor vehicle over the highways of this State for a period of 90 days.
• If the violator’s driver’s license was suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order, the maximum fine is $100 upon proof that the violator paid all fines and other assessments related to the parking violation that was the subject of the Order of Suspension, or made sufficient payments to become current with respect to payment obligations under the time payment order.
• For a second or subsequent violation involving a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense.

MVC points and surcharges

• MVC insurance surcharge: $250 a year for three years ($750 total).
• Collecting 6 or more points within three years brings a surcharge of $150 plus $25 for each additional point, and 12 or more points leads to a license suspension.

Other rules that can matter

• The penalties in subsections a. through h. are subject to the provisions of subsections i. and j.
• The school-related locations specified in subsection f.(3) are: school property used for school purposes and owned by or leased to an elementary or secondary school or school board, or within 1,000 feet of that property; a school crossing designated as such by municipal ordinance or resolution; or a school crossing not so designated when the driver knows juveniles are present.
• A map or true copy of a map depicting the location and boundaries of school property or the area within 1,000 feet of it, produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7), may be used in a prosecution under subsection f.(3)(a).
• For sentencing under subsection f.(3)(a) or (b), it is not relevant that the defendant was unaware the conduct occurred on or within 1,000 feet of school property or while driving through a school crossing. It is also not relevant that no juveniles were present on the school property or crossing zone at the time, or that the school was not in session.
• Subsection g. is deleted by amendment, P.L.2009, c.224.
• For purposes of subsection j., a “motor vehicle moving violation” means any violation of this State’s motor vehicle laws for which the chief administrator assesses motor vehicle points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Proving the license, insurance, or registration was valid on the date of the stop
• Showing you never received notice of a suspension
• Correcting MVC record errors before trial
• Negotiating to reduce surcharges and suspension exposure

What to do right now

1. Don't pay the ticket online. Paying is a guilty plea.
2. Check your driver history abstract so you know your current points.
3. Keep the summons and write down what happened at the stop.
4. Tell your lawyer if you hold a CDL or already have points or suspensions.
5. Call before your court date. Many tickets can be resolved without you missing work.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Driving While Suspended charge.

Related charges

• Driving While Suspended for DWI or Refusal (Criminal) →
• Driving Without a License →
• Driving Without Insurance →
• Driving an Unregistered Vehicle →
• Fictitious or Altered Plates and Documents →
• Failure to Exhibit License, Registration, or Insurance →

Sources

• N.J.S.A. 39:3-40 on Justia (2024 New Jersey Revised Statutes)
• NJ MVC points schedule
• NJ MVC surcharges

Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.