NJ Traffic Tickets Defense
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For a first driving with a suspended license offense, a fine of $500.00. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months.
For a second offense, a fine of $750.00, imprisonment in the county jail for not more than five days. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months.
For a third offense or subsequent offense, a fine of $1, 000.00, imprisonment in the county jail for 10 days. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months.
If a person is convicted for a second or subsequent violation of this section, and the second or subsequent offense involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense shall be 10 days longer than the term of imprisonment imposed for the previous offense.
Enhanced penalties will likely apply, if you are on the suspended list for:
DWI: the driver shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year not more than two years, and shall be imprisoned in the county jail for not less than 10 days nor more than 90 days.
No Insurance: upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.
Enhanced penalty IF YOU ARE IN AN ACCIDENT while on the suspended list: If while operating a vehicle in violation of this section, a person is involved in an accident resulting in bodily injury to another person, upon conviction, the court shall impose a period of imprisonment for not less than 45 days nor more than 180 days.
If you operate a motor vehicle while suspended in a SCHOOL ZONE: a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500.00 and shall be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense.
You are also subject to conviction and suspension IF YOU LET SOMEONE ELSE DRIVE YOUR CAR knowing that he or she is suspended.
Driving without a license, and driving while license is revoked constitute separate and distinct offenses, and convictions for both offenses did not arise out of a "common deficiency." State v. Handy, 74 N.J.Super. 294, 181 A.2d 203 (Co.1962).
Charge of failure to produce valid driver's license is incompatible with charge of driving without driver's license. State v. Handy, 74 N.J.Super. 294, 181 A.2d 203 (Co.1962).
This section provides that no person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition applies to a nonresident motorist whose privilege to drive a motor vehicle in state has been automatically suspended under 39:3-17 as a consequence of the suspension of his foreign driver's license, as well as to nonresidents whose reciprocity privilege has been suspended in the state. State v. Profita, 183 N.J.Super. 425, 444 A.2d 70 (A.D.1982).
Pedestrian child who suffered swollen ankle and some cuts and bruises on his knee and foot, who was given emergency treatment at hospital and then released, who suffered pain and had difficulty walking for several days, and whose toenail subsequently fell off, suffered "personal injury" within the meaning of this section, mandating imprisonment for accident involving personal injury. State v. Profita, 183 N.J.Super. 425, 444 A.2d 70 (A.D.1982).
Place of operation
This section prohibiting the operation of a motor vehicle while on the revoked list, was applicable to a motorist who was driving in a nonpublic parking lot owned by the company in which he was a principal. State v. McColley, 157 N.J.Super. 525, 385 A.2d 264 (A.D.1978).
Sufficiency of evidence
Certified copy of defendant's driving record and extension of suspension of defendant's driver's license were sufficient to sustain conviction of driving while on the revoked list. State v. Zalta, 217 N.J.Super. 209, 525 A.2d 328 (A.D.1987).
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