Driving While Suspended New Fines & Jail

Driving While Suspended New Fines & Jail

10/26/11 10:37 AM

Kenneth Vercammen & Associates A Law Office with Experienced Attorneys for Your New Jersey Legal Needs 2053 Woodbridge Ave. Princeton Area Edison NJ 08817 68 South Main St. 732-572-0500 Cranbury, NJ 08512 1-800-655-2977

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Driving While Suspended New Fines & Jail Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

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Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

Driving While Suspended Fines and Jail 39:3-40 Offense 39:3-40 driving while license suspendedgeneral provision 1st Offense - $500 fine, and drivers license suspension not to exceed 6 months -9 car insurance eligibility points for each violation $750 DMV surcharges 2nd Offense - $750 fine, and - drivers license suspension not to exceed 6 months, and imprisonment 1- 5 days, -9 car insurance eligibility points for each violation $750 DMV surcharges and - 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 drivers license is suspended (see N.J.S.A. 39:3-40.1) 3rd or Subsequent Offense - $1000 fine, and drivers license suspension not to exceed 6 months, and - imprisonment for 10 days, -9 car insurance eligibility points for each violation $750 http://www.njlaws.com/driving_while_suspended.html?id=1524&a=

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Driving While Suspended New Fines & Jail

DMV surcharges 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 drivers license is suspended (see N.J.S.A. 39:340.1) Note: For all offenses under this statute 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 the death of another person, then the defendant shall be guilty of a crime of the third degree and the defendants drivers license shall be suspended for an additional period of one year. 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 defendants drivers license shall be suspended for an additional period of one year.

10/26/11 10:37 AM

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Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

Offense 39:3-40 (f) (1) [no insurance suspensions] driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance) 1st Offense - $1000 fine, and - drivers license suspension not less than 12 months, nor more than 30 months, and - may impose incarceration not to exceed 90 days $750 DMV surcharges -9 car insurance eligibility points for each violation 2nd Offense - $1250 fine, and - drivers 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, $750 DMV surcharges -9 car insurance eligibility points for each violation and - if 2nd offense occurs within 5 years of a conviction for 39:3-40, then revocation of registration certificate for period drivers license is suspended (see N.J.S.A. 39:340.1) 3rd or Subsequent Offense - $1500 fine, and drivers license suspension of not less than 12 months nor more than 30 months, and incarceration of not less than 10 days, nor more http://www.njlaws.com/driving_while_suspended.html?id=1524&a=

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Driving While Suspended New Fines & Jail

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than 90 days, $750 DMV surcharges -9 car insurance eligibility points for each violation 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 drivers license is suspended (see N.J.S.A. 39:3-40.1) Note: The fines and penalties set forth in N.J.S.A. 39:3-40(f)(1)-(3) are imposed "notwithstanding" the general penalty provisions listed above. This chart is based on the assumption that the fines and penalties set forth in N.J.S.A. 39:3-40(f)(1)(3) are in addition to those found in N.J.S.A. 39:340(a)-(e). This reading of the statute is suggested

by State v. Wrotny, 221 N.J. Super. 226, 228-30 (App. Div. 1987), though Wrotny does not explicitly hold as much. For a contrary reading of N.J.S.A. 39:3-40(f)(1)-(3), see State v. Walsh, 236 N.J. Super. 151, 155 (Law Div. 1989), and State v. Rought, 221 N.J. Super. 42, 47 (Law Div. 1987), which both held that the fines and penalties of N.J.S.A. 39:3-40(f)(1)-(3) are a substitute for those provided by N.J.S.A. 39:340(a)-(e). Before imposing sentence for a conviction under N.J.S.A. 39:3-40(f)(1)-(3), please consult these cases and any other relevant cases decided after the date of this chart.

Offense 39:3-40 (f) (2) [DWI suspensions] driving while license suspended due to conviction for: 39:4-50 (driving while intoxicated), or - 39:450.4a (refusal to submit to chemical test), or 39:5-30a to -30e (habitual offender) 1st Offense - $1000 fine, and -drivers 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 drivers license is suspended (see N.J.S.A. 39:3-40.1) $750 DMV surcharges -9 car insurance eligibility points for each violation 2nd Offense -$1250 fine, and - drivers 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 http://www.njlaws.com/driving_while_suspended.html?id=1524&a=

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Driving While Suspended New Fines & Jail

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revocation of registration certificate for the period drivers license is suspended (see N.J.S.A. 39:340.1) $750 DMV surcharges -9 car insurance eligibility points for each violation 3rd or Subsequent Offense - $1500 fine, and drivers 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 drivers license is suspended (see N.J.S.A. 39:3-40.1) $750 DMV surcharges -9 car insurance eligibility points for each violation Note: The fines and penalties set forth in N.J.S.A. 39:3-40(f)(1)-(3) are imposed "notwithstanding" the general penalty provisions listed above. This chart is based on the assumption that the fines and penalties set forth in N.J.S.A. 39:3-40(f)(1)(3) are in addition to those found in N.J.S.A. 39:340(a)-(e). This reading of the statute is suggested

by State v. Wrotny, 221 N.J. Super. 226, 228-30 (App. Div. 1987), though Wrotny does not explicitly hold as much. For a contrary reading of N.J.S.A. 39:3-40(f)(1)-(30), see State v. Walsh, 236 N.J. Super. 151, 155 (Law Div. 1989), and State v. Rought, 221 N.J. Super. 42, 47 (Law Div. 1987), which both held that the fines and penalties of N.J.S.A. 39:3-40(f)(1)-(3) are a substitute for those provided by N.J.S.A. 39:340(a)-(e). Before imposing sentence for a conviction under N.J.S.A. 39:3-40(f)(1)-(3), please consult these cases and any other relevant cases decided after the date of this chart.

Offense 39:3-40 (f) (3) [School Zone suspensions] driving while license suspended due to conviction for N.J.S.A. 39:4-50 or 39:4-50.4a, while driving in a school zone, or driving through a school crossing 1st Offense - $1000 fine, and drivers 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 $750 DMV surcharges -9 car

http://www.njlaws.com/driving_while_suspended.html?id=1524&a=

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Driving While Suspended New Fines & Jail

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insurance eligibility points for each violation 2nd Offense - $1250 fine, and - drivers 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 drivers license is suspended (see N.J.S.A. 39:3-40.1) $750 DMV surcharges -9 car insurance eligibility points for each violation 3rd or Subsequent Offense - $1500 fine, and drivers 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 drivers license is suspended (see N.J.S.A. 39:3-40.1) Note: The fines and penalties set forth in N.J.S.A. 39:3-40(f)(1)-(3) are imposed "notwithstanding" the general penalty provisions listed above. This chart is based on the assumption that the fines and penalties set forth in N.J.S.A. 39:3-40(f)(1)(3) are in addition to those found in N.J.S.A. 39:340(a)-(e). This reading of the statute is suggested

by State v. Wrotny, 221 N.J. Super. 226, 228-30 (App. Div. 1987), though Wrotny does not explicitly hold as much. For a contrary reading of N.J.S.A. 39:3-40(f)(1)-(3), see State v. Walsh, 236 N.J. Super. 151, 155 (Law Div. 1989), and State v. Rought, 221 N.J. Super. 42, 47 (Law Div. 1987), which both held that the fines and penalties of N.J.S.A. 39:3-40(f)(1)-(3) are a substitute for those provided by N.J.S.A. 39:340(a)-(e). Before imposing sentence for a conviction under N.J.S.A. 39:3-40(f)(1)-(3), please consult these cases and any other relevant cases decided after the date of this chart.

Offense 39:3-40 (g) [Surcharge Suspensions] driving while license suspended for failure to pay

http://www.njlaws.com/driving_while_suspended.html?id=1524&a=

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Driving While Suspended New Fines & Jail

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surcharges under N.J.S.A. 17:29A-35 1st Offense - $500 fine, and - drivers license suspension not to exceed 6 months, and - $3000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed -9 car insurance eligibility points for each violation 2nd Offense - $750 fine, and - drivers license suspension not to exceed 6 months, and imprisonment not more than 5 days, and - $3000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed, $750 DMV surcharges -9 car insurance eligibility points for each violation and - 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 drivers license is suspended (see N.J.S.A. 39:3-40.1) 3rd or Subsequent Offense - $1000 fine, and drivers license suspension not to exceed 6 months, and - imprisonment for 10 days, and $3000 fine to be collected by DMV. Fine to be waived upon payment of total surcharge imposed $750 DMV surcharges -9 car insurance eligibility points for each violation - 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 drivers license is suspended (see N.J.S.A. 39:3-40.1) Speak with an experienced attorney to determine possible rights, defenses and mitigating factors.

Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses http://www.njlaws.com/driving_while_suspended.html?id=1524&a=

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Driving While Suspended New Fines & Jail

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Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of Kenneth Vercammen & Associates, P.C. at 732-572-0500 for an appointment.

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Please call the Law office and schedule a confidential "in office" consultation. The Law Office now accepts payment by American Express, Visa and Master Card. .

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Driving While Suspended New Fines & Jail

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D Diissccllaaiim meerr This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement. Š 2011 Kenneth Vercammen & Associates, P.C.

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