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) (1) Driving while license or
registration is suspended
due to conviction for
N.J.S.A. 39:6B-2 (driving
without insurance)
$1,000 fine, and $1,250 fine, and $1,500 fine, and
May impose imprisonment
not more than 90 days, and
Shall impose imprisonment of
1-5 days. May impose
additional period of
imprisonment of not more than
90 days, and
Shall impose imprisonment of 10
days. May impose additional
imprisonment for not more than
90 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
not less than 12 mos. and 1
day, nor more than 30 mos.
Driver’s license suspension not
less than 12 mos. and 1 day,
nor more than 30 mos., and
Driver’s license suspension 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).
