Driving while suspended. (N.J.S. 39:3-40 et. seq.)
One of the most difficult statutes on the books in New Jersey is driving while suspended. In addition to the strict penalties involved, even for a first offense, violation of a second offense carries with it mandatory jail time which, depending on the circumstances, can sometimes be served under the Sheriff’s Relief Program. However, depending on the nature of the basis for the suspension, this Statute provides for enhanced penalties (such as driving while suspended with no insurance or because of a DWI suspension). In addition, if there is an accident and injuries are involved the penalties are even further enhanced, resulting in added jail time, community service and extended periods of revocation of registration and driving privileges. It is extremely important that a client obtain the services of an experienced trial attorney in these areas because the punishment, under this Statute, is perhaps, the most draconian of any traffic related offense in New Jersey. Unfortunately, unlike certain DWI scenarios, there is no “step-down” provision for driving while suspended, which means that the time elapsed between a first and subsequent offense is of no legal import! It is imperative that the client provide all relevant facts and that a complete analysis of the client’s driving record be examined for any exceptional details which may provide a basis for mitigation under this complicated Statute.