Is Driving with a Suspended License a Misdemeanor in New Jersey?

Driving with a suspended license in New Jersey is a serious offense that can lead to heavy fines, extended suspensions, and even jail time. Many drivers wonder whether this violation is considered a misdemeanor under state law. Unlike some states that classify traffic offenses as misdemeanors or felonies, New Jersey uses a different system.

New Jersey does not officially use the term "misdemeanor." Instead, offenses fall into three categories: traffic violations, disorderly persons offenses, and indictable crimes (felonies in other states). While driving with a suspended license is generally a Driving Suspended License Misdemeanor New Jersey, it can carry criminal penalties in certain circumstances, making it a serious legal issue.

New Jersey Laws on Driving with a Suspended License

The law governing driving with a suspended license in New Jersey is N.J.S.A. 39:3-40. According to this statute, anyone who operates a motor vehicle while their license is suspended or revoked can face fines, additional suspension time, and even jail time.

The severity of the penalties depends on why the license was suspended and whether the driver has prior offenses.

Penalties for Driving with a Suspended License in New Jersey

First Offense

A first-time offense for driving with a suspended license is considered a traffic violation rather than a criminal offense. The penalties include:

• A fine of $500
• An additional license suspension of up to six months
• Possible surcharges and increased insurance rates

Jail time is not mandatory for a first offense unless the suspension was due to a DUI-related offense or the driver caused an accident with injuries.

Second Offense

A second offense carries harsher penalties, including:

• A fine of $750
• An additional license suspension of up to six months
• Mandatory jail time of one to five days

At this stage, driving while suspended starts to have criminal consequences due to the mandatory jail requirement.

Third or Subsequent Offense

For drivers convicted of driving with a suspended license three or more times, penalties include:

• A fine of $1,000
• An additional license suspension of up to six months
• Mandatory jail time of 10 days

Once a driver reaches their third offense, the violation begins to resemble a criminal offense, with a guaranteed jail sentence.

When Does Driving with a Suspended License Become a Criminal Offense?

Although most cases of driving with a suspended license are treated as traffic violations, certain circumstances can lead to criminal charges:

• Driving While Suspended Due to a DUI
  If a driver’s license was suspended due to a DUI conviction, and they are caught driving, they face:

  • A fine of up to $1,250
  • An additional one to two-year license suspension
  • Mandatory 10 to 90 days in jail

  This is treated as a serious offense, and repeat violations can lead to even longer jail sentences.

• Causing an Accident with Injuries While Driving Suspended
  If a driver with a suspended license is involved in an accident that results in bodily injury to another person, they can face criminal charges, including possible jail time and higher fines.

• Repeat Violations with Other Traffic Offenses
  If a driver repeatedly drives with a suspended license while also committing reckless driving, speeding, or fleeing from law enforcement, the charge may escalate to a criminal disorderly persons offense.

Defenses Against a Driving While Suspended Charge

If you have been charged with driving with a suspended license in New Jersey, there are potential defenses that could help reduce or dismiss the penalties.

Lack of Knowledge

If a driver was unaware that their license was suspended due to a clerical error or lack of notification, they may have a valid defense. In some cases, the court may reduce or dismiss the charge if the suspension was issued improperly.

Emergency Situations

If the driver was operating a vehicle due to a medical emergency, family crisis, or other urgent situation, this could serve as a mitigating factor. While this defense does not always lead to a dismissal, it can sometimes result in a reduction of penalties.

Improper Suspension

If the driver’s license was suspended in error, or if the suspension was based on unpaid fines that were already settled, an attorney may be able to challenge the charge.

How to Reinstate a Suspended License in New Jersey

If your license is suspended, you must legally reinstate it before driving again. Driving before reinstating your license can lead to additional penalties.

Steps to Reinstate Your License:

1. Serve the Suspension Period – Wait until the required suspension time is complete.
2. Pay Any Outstanding Fines – Ensure all tickets, surcharges, and court fines are paid.
3. Complete Any Required Programs – If your suspension was due to DUI or excessive points, you may need to complete a driver improvement program.
4. Submit a License Restoration Fee – Pay the $100 reinstatement fee to the New Jersey Motor Vehicle Commission (MVC).
5. Obtain a Clearance Letter – Confirm with the MVC that your license is fully restored before driving.

Failure to follow these steps can result in further suspensions and additional fines.

Why You Should Hire a Lawyer for a Suspended License Charge

A conviction for driving with a suspended license can have long-term consequences, including:

• A criminal record if convicted of a serious offense
• Higher insurance rates due to points on your driving record
• Difficulties reinstating your license if you have multiple offenses

Hiring an experienced New Jersey traffic attorney can help you:

• Challenge the validity of the suspension
• Negotiate lower penalties or avoid jail time
• Work to reinstate your driving privileges faster

A lawyer can help you explore possible defenses and plea bargains, ensuring that you minimize the impact on your record and future driving privileges.

Final Thoughts

Driving Suspended License Misdemeanor New Jersey is a serious offense that can lead to fines, additional suspensions, and potential jail time, especially for repeat violations or DUI-related suspensions. While it is not technically classified as a misdemeanor, penalties can be severe, and in some cases, the charge can carry criminal consequences.