New Jersey treats driving on a suspended license as a criminal offense, not a traffic violation
If a police officer stops you and discovers your license is suspended, you will be charged with a crime under N.J.S.A. 39:3-40. This is not a moving violation you can pay off with a fine. The officer will issue you a summons to appear in municipal court, and you may be arrested on the spot depending on the reason your license was suspended and whether you have prior convictions for the same offense.
The consequences depend on why your license was suspended in the first place. New Jersey suspends licenses for unpaid traffic fines, DUI convictions, accumulating too many points, failure to pay child support, drug convictions, and other reasons. Each category carries different penalties, and a judge will consider your reason for driving and your driving history when deciding your sentence.
You should not ignore the summons. Failing to appear in court will result in an additional charge and a warrant for your arrest. If you received the summons, contact a criminal defense attorney or your local public defender's office before your court date.
Key Takeaways
- Driving with a suspended license in New Jersey is a criminal charge, not a traffic ticket, and requires a court appearance.
- The penalties vary based on whether this is your first offense and why your license was suspended in the first place.
- A first offense typically results in a fine between $250 and $500, up to 10 days in jail, or both.
- A second or subsequent offense within five years can bring a fine up to $750, up to 30 days in jail, or both, plus mandatory license suspension.
- You can request a hearing to restore your license before your criminal court date if the suspension was for unpaid fines or points.
Penalties for a first offense
If this is your first time driving on a suspended license, the court may impose a fine between $250 and $500, jail time up to 10 days, or both. The judge has discretion and will consider factors like how long your license had been suspended, whether you knew it was suspended, and whether you were driving for work or an emergency.
The court will also assess whether you have a valid reason for driving. If you were driving to work and unaware your license was suspended due to an administrative error, a judge may impose only a fine. If you were driving after receiving notice of suspension, the judge is more likely to impose jail time or a longer suspension.
In addition to the criminal penalty, your license will remain suspended for the duration of the original suspension period. You will also have to pay court costs and may be ordered to complete a driver improvement program.
Penalties for a second or subsequent offense
A second offense within five years of the first conviction is treated more severely. The fine increases to a minimum of $500 and a maximum of $750. Jail time can extend to 30 days. The court must also impose an additional license suspension of at least six months beyond the original suspension period.
A third or subsequent offense within five years carries a minimum fine of $750, up to 30 days in jail, and an additional suspension of at least one year. The court may also order you to install an ignition interlock device if the original suspension was related to a DUI conviction.
Prior convictions for driving with a suspended license will be considered even if they occurred in other states, though New Jersey courts focus on convictions within the state.
Why your license was suspended matters
New Jersey suspends licenses for different reasons, and the reason affects both your criminal case and your options for restoring driving privileges. The most common reasons are unpaid traffic fines, accumulating 12 or more points within three years, DUI convictions, failure to pay child support, and drug-related convictions.
If your suspension was for unpaid fines or points, you may be able to request a hearing at the New Jersey Motor Vehicle Commission (MVC) to restore your license before your criminal court date. This hearing is separate from your criminal case. If you pay the outstanding fines or complete a defensive driving course to reduce points, the MVC may lift the suspension, which can then influence the criminal court's decision on penalties.
If your suspension was for a DUI conviction, you cannot restore your license until the suspension period ends. The criminal court will not have the option to reduce this suspension. If your suspension was for failure to pay child support, you must contact the New Jersey Department of Human Services to arrange payment or a payment plan before the MVC will consider restoring your license.
What to do before your court date
Contact the New Jersey Motor Vehicle Commission at 609-292-6500 to find out the exact reason your license was suspended and the suspension end date. You can also check your status online through the MVC website using your driver's license number. Knowing the reason is essential because it determines what steps you can take to improve your situation before court.
If the suspension was for unpaid fines, contact the court that issued the fine and ask about payment plans or hardship waivers. If the suspension was for points, ask the MVC about defensive driving courses that reduce points in your state. If the suspension was for child support, contact the New Jersey Department of Human Services to arrange a payment plan.
Bring documentation of any steps you have taken to resolve the underlying issue to your court date. A judge is more likely to impose a lighter sentence if you have already paid fines, completed a driving course, or arranged child support payments. You should also bring proof of employment, character references, or evidence of hardship if you were driving for a necessary reason.
Your options in criminal court
At your court date, you have the right to contest the charge, plead guilty, or negotiate a plea agreement with the prosecutor. You do not have to plead guilty on the spot. If you cannot afford an attorney, you can request a public defender at your first appearance.
The prosecutor must prove that you were driving and that your license was suspended at the time. If the officer did not run your license through the system or if there is a question about whether the suspension was properly recorded, your attorney may challenge the charge. Some cases are dismissed on technical grounds if the MVC did not follow proper procedures in suspending the license.
A plea agreement may allow you to plead guilty to a lesser charge or to a disorderly persons offense instead of a crime, which carries lower penalties and may not result in a criminal record. Your public defender or private attorney can negotiate with the prosecutor on your behalf.
Restoring your license after conviction
After your criminal case is resolved, you must follow the MVC's process to restore your license. If your original suspension period has ended, you can explore for license restoration at any MVC office. You will need to pay a restoration fee, currently $100, and provide proof of insurance.
If your suspension period has not ended, you must wait until the end date before the MVC will consider your process. If the court imposed an additional suspension as part of your sentence, that suspension begins after the original suspension ends. You cannot drive legally until both suspension periods are complete.
If you were convicted of a second or subsequent offense, the court may have ordered a longer suspension or an ignition interlock device. You must comply with these requirements before the MVC will restore your license. Ignition interlock devices cost between $60 and $100 per month and must remain installed for the duration ordered by the court.
Frequently Asked Questions
Can I get a work license to drive during my suspension?
New Jersey does not issue work licenses or hardship licenses. However, if your suspension was for unpaid fines or points, you may be able to request a hearing at the MVC to restore your license before your criminal court date. If you can resolve the underlying issue, you may regain full driving privileges.
What if I did not know my license was suspended?
Lack of knowledge is not a legal defense, but it may influence the judge's sentence. The MVC is required to send notice of suspension by mail to your address on file. If you did not receive notice due to a change of address, bring proof of your new address and explain the situation to the judge. This may result in a lighter sentence, but you will still be convicted.
Will this conviction show up on a background check?
Yes. A conviction for driving with a suspended license is a criminal offense and will appear on background checks for employment, housing, and professional licenses. It will remain on your record permanently unless you later petition for expungement, which is possible only in limited circumstances and requires a separate court process.
Can I appeal my conviction?
Yes, you have the right to appeal to the New Jersey Superior Court, Appellate Division. You must file a notice of appeal within 45 days of sentencing. An appeal is complex and usually requires an attorney. Contact your public defender or a criminal defense attorney to discuss whether an appeal is likely to succeed in your case.