DRIVING WHILE SUSPENDED N.J.S.A. 39:3-40

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 Driving while license or

registration suspended –

general provision. If

accident with bodily

injury, then imprisonment

for not less than 45 days

or more than 180 days.

$500 fine, and $750 fine, and $1000 fine, and

Imprisonment for at least 1 but

not more than 5 days, and

Imprisonment for 10 days, and

If offense involves a motor

vehicle moving violation, then

imprisonment for 10 days

longer than the term of

imprisonment for previous

offense.

If offense involves a motor vehicle

moving violation, then

imprisonment for 10 days longer

than the term of imprisonment for

previous offense.

Driver’s license suspension –

to range from 1 day to a

maximum of 6 mos.

Driver’s license suspension – to

range from 1 day to a maximum

of 6 mos.

Driver’s license suspension – to

range from 1 day to a maximum

of 6 mos.

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).