Monte & Rudoph LogoRudolph & Kayal
Counselors at Law, PA
800 The Plaza
Sea Girt, New Jersey 08750
Phone: 732-449-0190
Fax: 732-974-9252


Driving while Suspended/Revoked

Driving while suspended or revoked is a violation of N.J.S.A. 39:3-40. Statistics indicate that at any given time three out of ten drivers are operating while suspended in the State of New Jersey. However, these suspensions are not always the result of convictions for moving violations. Driving while suspended summonses are frequently issued for many reasons other than moving violations, including unpaid surcharges and judgments and the parking offenses adjudication act. Many of those charges with driving while suspended have no idea that their driving privileges have been suspended. The penalties fort driving while suspended are:

B. FIRST OFFENSE: 

  • FINE: $500.00 

  • LOSS OF LICENSE: Up to six months 

  • NEW JERSEY DMV SURCHARGE: $750 

B. SECOND OFFENSE 

  • FINE: $750.00 

  • LOSS OF LICENSE: Up to six months 

  • INCARCERATION: 1-5 days 

  • NEW JERSEY DMV SURCHARGE: $750 

  • OTHER PENALTIES: If the second offense occurs within five years of the first offense, then the defendant’s registration is revoked for the length of time of the suspension. 

B. THIRD (OR SUBSEQUENT) OFFENSE 

  • FINE: $1000.00 

  • LOSS OF LICENSE: Up to six months 

  • INCARCERATION: 10 days 

  • NEW JERSEY DMV SURCHARGE: $750 

  • OTHER PENALTIES: If the third offense occurs within five years of another offense, then the defendant’s registration is revoked for the length of time of the suspension. 

4. ENHANCED PENALTIES 

A. ACCIDENT WITH PERSONAL INJURIES: If you are involved in an accident while suspended, the court must impose 45-180 days in jail, and an additional one year suspension. If the accident results in injury or death, then you will be charged with a crime and your case will be sent to the county prosecutor. 

B. DRIVING WHILE SUSPENDED FOR NO INSURANCE: If you are caught driving while suspended because of failure to maintain automobile insurance, the penalties are enhanced: 

1. FIRST OFFENSE: 

  • FINE: $1000.00 

  • LOSS OF LICENSE: 12-30 months 

  • INCARCERATION: Up to 90 days 

  • NEW JERSEY DMV SURCHARGE: $750 

B. SECOND OFFENSE: 

  • FINE: $1250.00 

  • LOSS OF LICENSE: 12-30 months 

  • INCARCERATION: Up to 90 days 

  • NEW JERSEY DMV SURCHARGE: $750 

  • OTHER PENALTIES: If the second offense occurs within five years of the first offense, then the defendant’s registration is revoked for the length of time of the suspension. 

B. THIRD (OR SUBSEQUENT) OFFENSE: 

  • FINE: $1500.00 

  • LOSS OF LICENSE: 12-30 months 

  • INCARCERATION: 10-90 days 

  • NEW JERSEY DMV SURCHARGE: $750 

  • OTHER PENALTIES: If the third offense occurs within five years of another offense, then the defendant’s registration is revoked for the length of time of the suspension. 

C. DRIVING WHILE SUSPENDED FOR DWI: If you are caught driving while suspended because of a conviction for DWI or refusal, the penalties are enhanced: 

1. FIRST OFFENSE: 

  • FINE: $1000.00 

  • LOSS OF LICENSE: 12-30 months 

  • INCARCERATION: 10- 90 days 

  • NEW JERSEY DMV SURCHARGE: $750 

B. SECOND OFFENSE: 

  • FINE: $1250.00 

  • LOSS OF LICENSE: 12-30 months 

  • INCARCERATION: 10- 90 days 

  • NEW JERSEY DMV SURCHARGE: $750 

  • OTHER PENALTIES: If the second offense occurs within five years of the first offense, then the defendant’s registration is revoked for the length of time of the suspension. 

B. THIRD (OR SUBSEQUENT) OFFENSE: 

  • FINE: $1500.00 

  • LOSS OF LICENSE: 12-30 months 

  • INCARCERATION: 10-90 days 

  • NEW JERSEY DMV SURCHARGE: $750 

  • OTHER PENALTIES: If the third offense occurs within five years of another offense, then the defendant’s registration is revoked for the length of time of the suspension. 

D. DRIVING WHILE SUSPENDED IN A SCHOOL ZONE: If you are caught driving while suspended in a school zone, the penalties are enhanced: 

1. FIRST OFFENSE: 

  • FINE: $1000.00 

  • LOSS OF LICENSE: 12-30 months 

  • INCARCERATION: 60- 90 days 

  • NEW JERSEY DMV SURCHARGE: $750 

B. SECOND OFFENSE: 

  • FINE: $1250.00 

  • LOSS OF LICENSE: 12-30 months 

  • INCARCERATION: 120-150 days 

  • NEW JERSEY DMV SURCHARGE: $750 

  • OTHER PENALTIES: If the second offense occurs within five years of the first offense, then the defendant’s registration is revoked for the length of time of the suspension. 

B. THIRD (OR SUBSEQUENT) OFFENSE: 

  • FINE: $1500.00 

  • LOSS OF LICENSE: 12-30 months 

  • INCARCERATION: 180 days 

  • NEW JERSEY DMV SURCHARGE: $750 

  • OTHER PENALTIES: If the third offense occurs within five years of another offense, then the defendant’s registration is revoked for the length of time of the suspension. 

E. DRIVING WHILE SUSPENDED FOR SURCHARGES: If you are caught driving while suspended as a result of unpaid surcharges, the penalties are enhanced: 

1. FIRST OFFENSE: 

  • FINE: $500.00 

  • LOSS OF LICENSE: Up to 6 months 

  • NEW JERSEY DMV SURCHARGE: $750 

  • OTHER PENALTIES: $3000.00 fine payable to DMV 

B. SECOND OFFENSE: 

  • FINE: $750.00 

  • LOSS OF LICENSE: Up to 6 months 

  • INCARCERATION: Up to 5 days 

  • NEW JERSEY DMV SURCHARGE: $750 

  • OTHER PENALTIES: $3000 fine payable to DMV. If the second offense occurs within five years of the first offense, then the defendant’s registration is revoked for the length of time of the suspension. 

B. THIRD (OR SUBSEQUENT) OFFENSE: 

  • FINE: $1000.00 

  • LOSS OF LICENSE: Up to 6 months 

  • INCARCERATION: Up to 5 days 

  • NEW JERSEY DMV SURCHARGE: $750 OTHER PENALTIES: $3000 fine payable to DMV. If the third offense occurs within five years of another offense, then the defendant’s registration is revoked for the length of time of the suspension.