NJ Operating During a Suspension Period Lawyers

NJ Operating During a Suspension Period

Getting pulled over while your license is suspended is every New Jersey driver’s nightmare. The penalties for driving on a suspended license in NJ are no joke – we’re talking big fines, jail time and license extensions. But mistakes happen. And in some cases, people don’t even realize their license was suspended in the first place!

This article breaks down everything you need to know about the charges, penalties and defenses related to operating during a suspension period in New Jersey. We’ll also give tips on avoiding suspension and restoring your privileges. Let’s hit the road!

The Charges and Penalties

Under NJ law, it’s illegal to operate any motor vehicle while your driver’s license is suspended. If caught driving on a suspended license, you face the following criminal charges and penalties:

• 1st offense – Fine of $500 to $1000 and up to 90 days in jail
• 2nd offense – Fine of $750 to $1000 and up to 90 days in jail
• 3rd offense – Fine of $1000 and up to 180 days in jail

In addition to fines and jail time, the court will extend your license suspension for another 6 months to 1 year. So those few trips behind the wheel can end up costing you big time!

Defenses Against the Charges

Do any of these defenses potentially apply to your case?

• You never received notice of the original suspension.
• Your suspension was already lifted, but the system wasn’t updated.
• You had a valid occupational license allowing restricted driving.
• It was an emergency situation like rushing someone to the hospital.

An experienced traffic ticket attorney can review the details of your case and determine if you have grounds to fight the charges. Never just plead guilty without exploring your options first.

Getting Caught – Now What?

Let’s say you get pulled over and caught driving on a suspended license. Here are some key steps to take:

1. Remain calm and cooperate with the officer.
2. Do NOT admit you knew about the suspension – even if you did.
3. Contact a traffic lawyer immediately.
4. Follow the court instructions and attend your hearing.
5. Ask the lawyer about possible plea deals to reduce penalties.

With an experienced legal team on your side, you can hopefully minimize fines, avoid jail time, and get back on the road faster.

Restoring Your Driving Privileges

If convicted of driving on a suspended license, you’ll need to go through the following steps to legally get back behind the wheel in New Jersey:

1. Pay all related fines and fees.
2. Serve any court-ordered jail sentence.
3. Wait out the license suspension extension period.
4. Complete any required driver’s education or DUI courses.
5. Pay the $100 restoration fee to the NJ MVC.
6. Provide updated insurance and vehicle registration.

This process can take months depending on your specific situation. Be patient and fulfill all requirements so you don’t risk further penalties down the road.

Occupational Licenses

New Jersey does allow for limited occupational licenses that permit driving during a suspension, but only for work purposes. To qualify, you must prove that suspension would cause extreme hardship related to:

• Getting to your job
• Transporting kids to school/childcare
• Medical care for you or family members

Occupational licenses place restrictions on when and where you can drive. They’re granted on a case by case basis if you can demonstrate valid need. Consult your traffic lawyer for help applying.

Avoiding Suspension in the First Place

Here are some tips to keep your New Jersey license active and avoid suspension:

• Pay traffic tickets quickly or contest unfair ones.
• Maintain auto insurance at all times.
• Provide updated contact info to the NJ MVC.
• Request your driver history periodically.
• Complete defensive driving courses.

Following the rules of the road and staying on top of your MVC record will help prevent surprise suspensions. But if you do get that dreaded suspension notice, act fast to get your privileges reinstated.

The Bottom Line

Driving on a suspended license brings severe consequences in New Jersey. Work closely with an attorney to mitigate penalties if charged. And take proactive steps to maintain a clean driving record. A few precautions will help you avoid the hassle of suspended privileges.

Sources:

[1] https://www.newjerseycriminallawattorney.com/traffic-offenses/license-suspension-hearing/operating-during-a-suspension-period/

[2] https://www.state.nj.us/mvc/license/suspension.htm

[3] https://www.avvo.com/legal-guides/ugc/driving-with-a-suspended-license-in-new-jersey

[4] https://www.njdwi.com/driving-on-a-suspended-license.html

[5] https://www.njcourts.gov/forms/11914_instr.pdf