Traffic Offenses Suspended / Revoked
N.J.S.A. 39:3-40
Nov. 19,2001
Note: For all offenses under this statue 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). If the accident results in serious bodily injury to another person. then the defendant shall be guilty of a crime of the fourth degree and the defendant's driver's license shall be suspended for an additional period of one year.
| Offense | 39:3-40 Driving while license suspended-general provision |
| 1st Offense | $500 Fine, and Driver's license suspension not to exceed 6 months |
| 2nd Offense | $750 fine, and Driver's license suspension not to exceed 6 months and imprisonment not more than 5 days, and if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-4, then revocation of registration certificate for the period driver's license is suspended (see N.J.S.A. 39:3-40.1) |
| 3rd or Subsequent Offense | $1,000 fine, and driver's license suspension not to exceed 6 months and imprisonment for 10 days, and if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-4, then revocation of registration certificate for the period driver's license is suspended (see N.J.S.A. 39:3-40.1) |
| Offense | 39:3-40(f)(I) |
| 1st Offense | driving while license suspended due to conviction for N.J.S.A. 39:6b-2, (driving without insurance) $1,000 fine, and driver's license suspension not less than 12 months, nor more than 30 months, and may impose incarceration not to exceed 90 days |
| 2nd Offense | $1,250 fine and driver's license suspension of not less than 12 months nor more than 30 months, and may impose period of incarceration of not more than 90 days, and if 2nd offense within 5 years of a conviction for 39:3-40, then revocation of registration certificate for period driver's license is suspended (see N.J.S.A. 39:3-40.1) |
| 3rd or Subsequent Offense | $1,500 fine, and driver's license suspension of not less than 12 months nor more than 30 months, and incarceration of not less than 10 days, nor more than 90 days, and if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver's license is suspended (see N.J.S.A. 39:3-40.1) |
| Offense | 39:3-40(I) |
| 1st Offense | maximum $100 fine upon proof that the violator has satisfied the parking tickets |
| Offense | 39:3-40(f)(2) Driving while license suspended due to conviction for: • 39:4-50 (driving while intoxicated), or • 39:4-50, 4a (refusal to submit to chemical test), or • 39:5-30a to 30e (habitual offender) |
| 1st Offense | $1,000 fine, and driver's license suspension of not less than 12 months, nor more than 30 months and incarceration of not less than 10 days, nor more than 90 days, and revocation of registration certificate for the period driver's license is suspended |
| 2nd Offense | $1,250 fine, and driver's license suspension of not less than 12 months, nor more than 30 months, and incarceration of not less than 10 days, nor more than 90 days, and revocation of registration certificate for the period driver's license is suspended |
| 3rd or Subsequent Offense | $1,500 fine, and driver's license suspension for not less than 12 months, nor more than 30 months, and incarceration of not less than 10 days, nor more than 90 days, and revocation of registration certificate for the period driver's license is suspended |
| Offense | 39:3-40(f)(3) Driving while license suspended due to conviction for N.J.S.A. 39:4-50, 4a, while driving in a school zone, or driving through a school crossing |
| 1st Offense | $1,000 fine, and driver's license suspension for not less than 12 months, nor more than 30 months, and incarceration of not less than 60 days nor more than 90 days. |
| 2nd Offense | $1,250 fine, and driver's license suspension for not less than 12 months, nor more than 30 months, and incarceration of not less than 120 days nor more than 150 days if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver's license is suspended. |
| 3rd or Subsequent Offense | $1,500 fine, and driver's license suspension for not less than 12 months, nor more than 24 months, plus may impose additional suspension not to exceed 6 months incarceration for 180 days, and if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of violators registration certificate for the period driver's license is suspended. |
| Offense | 39:3-40 (g) Driving while license suspended for failure to pay surcharges under N.J.S.A 17:39-A35 |
| 1st offense | $500 fine, and driver's license suspension not to exceed 6 months, and $3,000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed. |
| 2nd offense | $750 fine, and driver's license suspension not exceed 6 months, and imprisonment not more than 5 days, and $3,000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed, and if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation certificate for the period driver's license is suspended. |
| 3rd or subsequent Offense | $1,000 fine, and driver's license suspension not to exceed 6 months, and imprisonment for 10 days, and $3,000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver's license is suspended. |
