Driving While Suspended due to a DWI in NJ

Driving While Suspended DUI Lawyers Hamilton

DWI charges often in a driver’s license suspension – and you’d better believe that New Jersey judges and prosecutors expect you to accept this restriction and refrain from operating a motor vehicle while your license is suspended. Although you might have a perfectly good reason for driving during your period of suspension, the fact remains that you will almost certainly be looking at severe penalties for continuing to drive after your license has been suspended due to a DWI or Refusal conviction.

Suspended License DWI Ewing

Kamensky Cohen & Riechelson is a well-respected law firm and legal resource with more than 40 years of experience handling DWI cases in West Windsor, Lawrence, and everywhere else in Mercer County, NJ. Our skilled, dedicated lawyers are committed to serving the best interests of clients, which is why we will always take the time to listen to you and address your concerns. Contact KCR today to discuss your Driving While Suspended charges and begin your defense.

Driving While Suspended Statute: N.J.S.A. 39:3-40(f)(2)

Driving While Suspended due to a DWI is addressed by N.J.S.A. 39:3-40(f)(2). If your license or registration has been suspended due to a DWI, you face significant penalties for ignoring the terms of your suspension:

First Offense:

  • Jail: 10–90 days
  • License Suspension: Additional 12–30 months
  • Registration Suspension: Revocation of all registration certificates during period of license suspension
  • Fine: $1,000

Second Offense:

  • Jail: Mandatory imprisonment of 1–5 days, plus additional imprisonment of 10–90 days, plus imprisonment for 10 days longer than term of imprisonment for prior offense if the new offense involves a motor vehicle moving violation
  • License Suspension: Additional 12–30 months
  • Registration Suspension: Revocation of all registration certificates during period of license suspension
  • Fine: $1,250

Third Offense:

  • Jail: Mandatory imprisonment of 10 days, plus additional imprisonment of 10–90 days, plus imprisonment for 10 days longer than term of imprisonment for prior offense if the new offense involves a motor vehicle moving violation
  • License Suspension: Additional 12–30 months
  • Registration Suspension: Revocation of all registration certificates during period of license suspension
  • Fine: $1,500

Enhanced Penalties: Mercer County DWI Accidents

The penalties may be enhanced considerably if you drove with a suspended license and were involved in an accident resulting in personal injury to another person. If this occurred, the court is required to impose a period of imprisonment of 45–180 days.

Enhanced Penalties: NJ School Zone Offenses

The penalties are also enhanced if you are caught driving in a school zone while your license is suspended due to a DWI conviction. A first-time offense will result in mandatory imprisonment for 60-90 days. This kind of violation happens more often than you might think because “school zone” is defined very broadly to include any property used by or belonging to a school, even if that property is located far away from an actual school.

Upgraded Charges: Criminal Offense for Repeat Offenders

The charges can also be elevated to a criminal offense for repeat offenders. These felony-level charges are governed by N.J.S.A. 2C:40-26. If you commit a second violation during the same DWI license suspension period, the offense may be classified as a fourth degree felony and you could be sentenced to a minimum of 180 days in jail with no parole eligibility. Additionally, if your license was originally suspended for a second DWI offense and you are caught driving during the period of suspension, you can also be charged with a criminal violation.

Free Consultation with Pennington DUI Attorneys

The DWI attorneys at Kamensky Cohen & Riechelson know what is needed to defend you against charges of Driving While Suspended due to a DWI. Call or email us today to arrange a visit to our office in Trenton or Pennington.

Contact Kamensky Cohen & Riechelson

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