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Under NJSA 39:3-40, driving with a suspended license is illegal in New Jersey and can cause serious problems for anybody unlucky enough to get convicted. You can end up facing steep fines, surcharges, insurance increases, and plenty other penalties.
There are two kinds of traffic violations in New Jersey: minor and major. Minor violations carry smaller fines and more lenient penalties. Major violations can send you to jail, ruin your finances, and burden you with a long list of non-financial penalties. Driving with a suspended license in New Jersey is a major violation.
This charge can either be a simple disorderly persons offense or a much more serious crime: an indictable crime. New Jersey treats indictable crimes similarly to how other states treat felonies. There are multiple degrees of severity ranging from fourth degree to first degree.
The circumstances surrounding your charge are what determines whether your violation is a disorderly persons offense or an indictable crime. And there are quite a few ways to get your license suspended in the state.
Reasons for License Suspension in New Jersey
There are countless ways to lose your license in New Jersey, many of which also carry other penalties. Most of the time, when you lose your license, you’ll also lose a good chunk of change. And, when you try to get your license back, you’ll lose yet another chunk of change.
The Restoration Fee for suspended licenses is $100.
Here is a brief list of a few violations that could result in the suspension or revocation of your driver license:
- A refusal DUI.
- Abandoning your vehicle on the road.
- Being convicted of a non-traffic crime.
- DWAI
- DWI
- Failure to pay court costs, fines, or fees.
If your license were suspended as a result of a DWI, DWAI, or other DUI, you would have to pay additional penalties. Those penalties include another $500 in fines, a longer suspension period (one to two more years), up to three months in jail, and the revocation of your vehicle’s registration.
If you are then caught driving on that suspended license, the penalties will get even worse.
What Happens If You Get Caught Driving With a Suspended License in NJ?
Driving on a suspended license in New Jersey is a serious offense. To be convicted of this crime is to face steep fines, surcharges, court fees, and possible jail time. These penalties stem from NJSA 39:3-40 and laws that relate thereto.
The law prescribes three tiers of penalties for this offense. The first conviction results in steep fines. The second conviction results in steeper fines. And the third conviction results in the steepest fines. The more times you are convicted of driving on a suspended license, the worse your penalties will become.
Depending on the nature of your offense, even a first-timer could find themselves headed to prison for a long, long time. For example, if you are caught driving on a suspended license and are at fault in an accident resulting in injury, you will face a mandatory minimum jail sentence of 45 days.
Fines
Fines for a conviction for driving on a suspended license in New Jersey range from $500 to $1,000. How much you have to pay depends on how many times you have been convicted in the past. If this is your first time ever being charged with this offense, you will be facing at least $500 in fines.
Here’s a table showing how much each subsequent violation can cost you in fines:
| Description | Fine |
| First Offense | $500 |
| Second Offense | $750 |
| Third Offense | $1,000 |
In some circumstances, driving on a suspended license is upgraded from a disorderly persons offense to an indictable crime. More specifically, to a fourth degree crime. Fourth degree crimes in New Jersey are typically punished by fines up to $10,000.
In order for one of these charges to be upgraded to a fourth degree crime, one of the two following conditions must be met:
- You get two convictions for driving on a suspended license during the same suspension period for your first DWI conviction.
- You get one conviction for driving on a suspended license during the same suspension period as your second DWI conviction.
Surcharges
If your license is suspended for any reason, you will also have to pay a state surcharge of $250 each year. This is a recurring surcharge paid over a three-year period. In other words, you would have to pay a whopping $750 in addition to your fines, fees, and insurance increases. Put all this together and you’re looking at $1,250 at the least.
This surcharge is payable to the New Jersey Motor Vehicle Commision (MVC).
Fees
The most common fee that you’ll have to pay regarding your suspended license is the Restoration Fee. The Restoration fee is a $100 fee that you have to pay before the MVC lets you get your license back. Unfortunately, even if your suspension period is up, you might not qualify for restoration.
Before being allowed to pay the Restoration fee and reinstate your license or registration, you have to submit proof that you’ve paid all of your past tickets, fines, and other fees. Once you’ve submitted the necessary paperwork, you will be allowed to pay the $100 Restoration fee.
Of course, there exists a long list of other fees that you might have to pay, such as attorney fees and court costs. What fees apply to you depend on the nature of your case. To best understand what fees apply to you, consult with your attorney.
Extended Suspension
Each suspension comes with a set period of time. Many suspensions in the state last for 12 months. Once that year is up, you may be eligible for restoration and the reinstatement of your license. However, if you are convicted of driving on a suspended license, your suspension period can be increased.
After being convicted of driving on a suspended license, you can expect the court to add another one to two years to your suspension period. This is particularly true for violations that occur in school zones or during DWI-related suspension periods.
Jail Time
For a first time violation of this law, you most likely won’t have to worry about jail time. However, if you are caught driving on a suspended license in a school zone, you may spend at least two months in jail. That sentence could extend to three months in total, depending on the judge’s disposition.
For a second time violation, you can spend up to five days in jail. This doesn’t seem like all that long, however five days in jail is long enough to lose your job, get behind on bills, and miss out on quite a bit. If you’re caught driving on a suspended license in a school zone for your second conviction, the jail time will be even longer.
For a third violation, you will likely be spending the next week and a half in jail—double the maximum jail sentence for a second-time conviction.
If you are involved in an accident caused when you were driving while your license were suspended, you would be facing between 15 and 180 days in jail. That’s between half a month and half a year.
Of course, it’s possible to go to jail for even longer than that. If your violation is upgraded to a fourth degree crime, you could be facing up to a year and a half in prison—over 500 days. Good luck finding enough space to scratch all those lines into the wall of your cell.
Can You Check to See If Your License is Suspended in NJ?
Fortunately, there are ways to check if your license is suspended. Before you hit the road, you’ll want to do one of four things: Head on down to the local MVC, call the MVC,send a letter to the MVC, or check your license status online.
There are four main offices for New Jersey’s Motor Vehicle Commission. They’re located in Eatontown, Trenton, Wayne, and West Deptford. Once you’re there, you can personally request your driving record abstract.
Your driving record abstract is the most relevant version of your driving record. It doesn’t cover everything like your official driving record does. But it does cover any active violations, points, and suspensions on your license.
If you don’t feel like physically dealing with the bureaucracy that is the MVC, you can give them a call instead. Once you get somebody on the phone, request a copy of your driving record abstract. Like going in person, calling the MVC allows you to ask the clerk questions about your record. In this case, you might want to ask how long the suspension will last.
Here are the phone numbers for the New Jersey MVC:
- (609) 292-5000
- +1 (888) 486-3339
The third, and probably the easiest, way to check if your license is suspended in New Jersey is to check online. The MVC has created an online portal that allows you to request your abstract online. Before starting, you need to collect the following items:
- A User ID Number
- Your New Jersey Driver License or Non-Driver ID
- A Credit or Debit Card (There will be a $15 fee)
If none of the above methods sound good to you, you can also request your abstract the old fashioned way: by mail. Start by completing the Application for Driver History Abstract, also called From DO-21. Next, put it in an envelope with a copy of your New Jersey ID and a check or money order to pay the $15 fee. Lastly, send it to the below address:
New Jersey Motor Vehicle Commission
Abstract Unit
225 East State Street
PO Box 142
Trenton, NJ 08666-0142
What Can I Do to Get My Suspended NJ License Reinstated?
Earlier in this article, we talked about the Restoration fee. Of course, that means there are ways to restore your driver license after a suspension. The first thing you’ll need to do is request your driving record abstract.
Your driving record abstract will tell you whether your license is suspended, revoked, or A-ok. The section just before this gives you four ways to do just that. Once you’ve gotten somebody on the phone, for example, you can ask them for the following information:
- The length of the suspension period.
- If there are any outstanding fines, fees, or surcharges on your license.
- If you owe child support.
- If you can clear it with a Defensive Driving Course.
Suspensions related to unpaid fines can often be lifted by paying those fines. The same goes for child support. Unfortunately, that’s only true for court-ordered suspensions. Sometimes, the MVC will order the suspension of your license instead.
A common way to restore suspended licenses in New Jersey is to attend a Defensive Driving Course. Upon successful completion of one of these courses, you may be eligible for an early end of your suspension.
If your license has been suspended as a result of a DUI, you might qualify to have it lifted early upon completion of an Intoxicated Driving Resource Center (IDRC) program.
If your license has been suspended as a result of driving on a suspended license, you’re just plain out of luck.
Insurance and Having a NJ Suspended License
One of the first things people worry about when getting any kind of traffic ticket is whether their insurance premiums will go up and, if so, by how much. When your license is suspended, there will be a few bad things coming your way. Depending on how you got your license suspended, you could be facing any number of different consequences.
If you’ve been convicted of driving on a suspended license, there’s nothing but bad news in this section. Your rates will probably go up or you could lose your insurance entirely.
Does Insurance Cover Drivers With Suspended Licenses?
Insurance companies have been known to drop drivers who seem to constantly be getting tickets. If you’ve had a streak of bad luck resulting in ticket after ticket and eventually a suspension, you may be hot water with your insurance company.
If you don’t already have car insurance, you should not be driving at all! The same goes for if your license is currently suspended, even if you do have car insurance.
That being said, some insurers will still insure you if you have or have had a suspended license. But you might have to pay higher premiums.
Will Your Rates Go Up After Having Your License Suspended?
The average insurance increase after getting your license suspended is around $120 a month. That’s $1,440 each year that the suspension remains on your record, which can be a long, long time.
On top of that, you’ll have to worry about the violation that caused your license to be suspended in the first place. If your license were suspended as a result of a DUI conviction, your insurance might increase by another $1,086 per year.
Things get even worse when you’re convicted of driving on a suspended license. Assuming your insurer doesn’t outright cancel your insurance, you’ll be looking at an average increase of about another $918 each year.
How would you like to pay $3,444 each year for the next few years?
How Long Does a Suspended License Stay On Your Record in NJ?
How long a suspended license stays on your record depends on the circumstances surrounding the suspension. On average, suspensions tend to last no more than two years, with many only lasting six months. However, some suspensions can last much, much longer. For example, a third DUI conviction can cause your license to be suspended for up to 10 years.
It’s also important to note that the MVC keeps a permanent record of all of your suspensions and past convictions. However, your abstract will not show anything that has expired or been expunged. Since insurers are only allowed to see your abstract, you usually won’t have to worry about suspensions after the suspension period.
Should You Hire a Lawyer to Fight a Suspended License?
The short answer is “yes”. The long answer is “definitely yes.” The moment you get a notice of suspension in the mail or spot a suspension on your driving record abstract, contact a lawyer. Traffic lawyers know traffic law inside and out, making the powerful allies to have in the fight against traffic-relation convictions.
To find a lawyer quickly and easily, check out the WinIt app. Our app uses advanced technology to help make lawyers and legal help more affordable and accessible to those who need it. And if you’ve had your license suspended, you’re going to need it.
