May 18, 2004

Driving while suspended:  Frequently Asked Question

by Bob Sutton

New Jersey law provides dozens of reasons why your driving privilege might be suspended.  As prosecutors and private defense counsel, our attorneys have seen them all.  With this charge it is important to have good legal representation.  Click on this article if you have questions about driving while suspended.

1.  What are the penalties for driving while suspended?

There is a wide range of penalties for these offenses, depending upon how many prior convictions there are for this offense, and depending upon the reason for the suspension.  There are enhanced penalties if the reason for the suspension is D.W.I..

If it is a first offense, there is a mandatory fine of $500 and up to six months loss of drivers license.

For a second offense, a mandatory $750 fine; up to six months loss of drivers license and between 1 and 5 days in county jail.

For a third or subsequent offense, a mandatory $1,000 fine, up to six months loss of drivers license and ten days in the county jail.

2.  What does the prosecutor have to prove in order to convict me?

The prosecutor has the burden of proof.  In short, they will have to prove that your driving privilege was validly suspended, and that you had adequate proof of that suspension.

3.  I wasn’t stopped for a moving violation, but they stopped me and gave me a ticket for driving while suspended.  Is that legal?

In some instances, yes.  Many police cars are now equipped with a mobile data terminal (MDT).  The MDT allows an officer on patrol to access a motorist’s driving record, and to access a car’s registration information.  Therefore, in some instances, an officer on the road can determine that a vehicle’s owner has a suspended license, and stop that vehicle.

4.  How do I reinstate my license?

The quickest way to reinstate your license is to have someone drive you to a Motor Vehicle regional service center.  The agents there will determine why you are suspended.  Once you amelioratethe reason(s), and pay the reinstatement fee, then your license is reinstated.

This article can be found on the web at: http://www.njcases.com/33/

If you need legal help in matters similar to those described in this document, call Howes & Howes for a prompt, confidential consultation.

Howes & Howes

26 Anderson Street

Raritan, New Jersey 08869

Telephone: (908)704-0037

email: info@njcases.com