Driving on a suspended license in New Jersey is a serious offense that can lead to arrest under certain circumstances. Understanding the legal implications and potential consequences of this violation is essential to avoid escalating an already challenging situation. Here, we explore the circumstances under which you can be arrested and the penalties you might face.

The Legal Framework

Penalty Driving On Suspended License New Jersey while your license is suspended is prohibited under N.J.S.A. 39:3-40. The law enforces strict penalties to deter individuals from driving without proper authorization. A license suspension can arise from various reasons, including unpaid traffic fines, failure to appear in court, accumulating too many points on your driving record, or serious offenses like DUI/DWI.

Can You Be Arrested?

Yes, you can be arrested for driving on a suspended license in New Jersey, but not in every situation. Law enforcement typically considers the circumstances surrounding the violation, including the reason for your license suspension and whether this is your first offense or a repeat violation.

Circumstances That May Lead to Arrest

Repeat Offenses: If you are caught driving on a suspended license multiple times, the likelihood of arrest increases significantly. Courts and law enforcement treat repeat offenders more harshly.

DUI-Related Suspensions: Driving on a suspended license due to a DUI/DWI conviction is considered especially serious. This offense carries enhanced penalties, including mandatory jail time (10–90 days) and additional fines.

Accidents and Injuries: If you are involved in an accident while driving on a suspended license, particularly if it results in injury, you could face immediate arrest and additional charges.

Outstanding Warrants: If you have other legal issues, such as unpaid fines or a bench warrant for failing to appear in court, driving on a suspended license could result in arrest during a routine traffic stop.

Penalties for Driving on a Suspended License

Even if you are not arrested, driving on a suspended license comes with significant penalties:

First Offense: A $500 fine and an additional suspension of up to 6 months.

Second Offense: A $750 fine, 1–5 days in jail, and an additional suspension.

Third or Subsequent Offense: A $1,000 fine, 10 days in jail, and a further suspension.

If your suspension stems from a DUI/DWI, penalties are harsher and may include mandatory jail time.

What to Do if Arrested

If arrested, remain calm and cooperative. Avoid making statements without consulting an attorney. Seeking legal representation is crucial to navigating the charges and potentially mitigating the consequences.

Driving on a suspended license in New Jersey can lead to arrest under certain circumstances, particularly for repeat offenses or DUI-related suspensions. The best course of action is to resolve your suspension before driving. If charged, consult an experienced attorney to explore your legal options and safeguard your future.