New Jersey’s License Suspension Law for Drug Offenses: What You Need to Know

New Jersey has some of the strictest laws in the country when it comes to suspending driver’s licenses for drug offenses. Section 2C:35-16 of the state code outlines the rules around forfeiting or postponing driving privileges if you’re convicted of certain drug crimes. This can have serious consequences, making it difficult to get to work or take care of your family. However, there are some defenses and exceptions you should know about.

Overview of the Law

Under 2C:35-16, if you are convicted of any offense defined in Chapters 35 or 36 of Title 2C (the drug codes), the court will suspend your license for at least 6 months and up to 2 years. This happens automatically upon conviction. The suspension starts right away on the day the sentence is imposed, unless there are “compelling circumstances” allowing an exception.

Some key things to understand:

• This applies to both adults and juveniles. If a minor is adjudicated delinquent, their license is suspended too.
• The suspension is consecutive. So if your license was already suspended on other grounds, the new suspension gets tacked onto the end.
• The court is required to inform you orally and in writing about the suspension at the time of conviction. So you can’t claim you didn’t know.
• You must immediately forfeit your physical license to the court. They will collect it if suspension is ordered.

Penalties for Driving While Suspended

Here’s the kicker — if you are convicted of personally operating a motor vehicle during the suspension period, you face a mandatory additional period of suspension. This additional suspension can be up to 2 years.

So you serve out your original suspension, then tack on more time once that ends. It really compounds the problem.

The penalties don’t stop there. Driving while suspended also carries heavy fines, jail time, license reinstatement fees, and surcharges. Under N.J.S.A. 39:3-40, fines can reach $500. You may face up to 60 days in jail under N.J.S.A. 39:3-40.

In addition, your car insurance rates will likely increase significantly. Some insurers may even drop you altogether, forcing you into high-risk plans.

Defenses and Exceptions

There are a few defenses and exceptions that may help you avoid suspension or mitigate the consequences:

Compelling Circumstances

As mentioned, the court can make an exception to immediate suspension if there are “compelling circumstances.” For example, if you need to drive to work or take your child to medical appointments.

The court has wide discretion here. You or your attorney will need to actively raise this argument and explain why suspension poses an extreme hardship. Have evidence to show driving is essential for family, medical, or employment obligations.

Not Personally Operating a Vehicle

The enhanced penalties only apply if you are convicted of “personally operating a motor vehicle” while suspended. So merely being present in a vehicle someone else is driving doesn’t count.

Still, this is a very narrow exception. You can’t drive at all during the period or let someone else drive your car. Ride shares, public transit, getting rides from family/friends is the only safe way.

Drug Court and Other Diversion Programs

By completing a diversion program like drug court or conditional discharge, you may avoid a conviction altogether. Without a conviction, there is no license suspension.

These programs can be rigorous. But they allow you to get charges dismissed if you satisfy all conditions. Well worth exploring.

Expungement

While expungement doesn’t prevent the initial suspension, it can help restore driving privileges faster. Getting drug convictions erased under 2C:52-2 means DMV records also get wiped clean.

So if you only have drug offenses on your record, expungement may allow reinstatement of your license once the minimum suspension period ends.

The Impact on Your Life Can Be Devastating

License suspension for drug crimes has life-altering consequences for people in New Jersey. Without a license you can lose your job, fail to provide for your family, and struggle to access critical services.

Don’t assume that you can’t fight back against suspension. An experienced criminal defense lawyer can help you navigate the complexities of 2C:35-16 and build compelling arguments to save your license. In many cases, driving privileges can be restored much sooner than you might think.