DRIVING WHILE SUSPENDED
N.J.S.A. 39:3-40 Inclusive
Please Note: For all offenses under N.J.S.A. 39:3-40 that involve an accident resulting in personal injury to another, the court is
required to impose a period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e)
N.J.S.A. OFFENSE 1ST Offense 2nd Offense 3rd or Subsequent Offense
39:3-40 (f) (3) Driving while license or
registration is suspended
in a school zone due to
conviction for:
1. N.J.S.A. 39:4-50
(driving while intoxicated)
or
2. N.J.S.A. 39:4-50.4a
(refusal to submit to
chemical test)
$1000 fine, and $1250 fine, and $1500 fine, and
Imprisonment of not less than
60 days or more than 90
days.
Shall impose imprisonment of
1-5 days. Shall impose
additional imprisonment of not
less than 120 days nor more
than 150 days, and
Shall impose imprisonment of 10
days. Shall impose additional
imprisonment for 180 days,
concurrent to the 10 days (State
v. Owens, 54 N.J. 153), and
If offense involves a motor
vehicle moving violation, then
imprisonment for 10 days longer
than the term of imprisonment for
previous offense, and
If offense involves a motor vehicle
moving violation, then
imprisonment for 10 days longer
than the term of imprisonment for
previous offense, and
Driver’s license suspension
for not less than 12 mos. and
1 day, nor more than 30
mos., and
Driver’s license suspension for
not less than 12 mos. and 1
day, nor more than 30 mos.,
and
Driver’s license suspension for
not less than 12 mos. and 1 day,
nor more than 30 mos., and
If 2nd offense occurs within 5
years of a conviction for
N.J.S.A. 39:3-40, then
revocation of all registration
certificates for the period
driver’s license is suspended
(see N.J.S.A. 39:3-40.1).
If 3rd offense occurs within 5
years of a conviction for N.J.S.A.
39:3-40, then revocation of all
registration certificates for the
period driver’s license is
suspended (see N.J.S.A. 39:3-
40.1.
