Driving While License Suspended (NJSA 39:3-40)

License Suspend PaneltySection 39:3-40 of the New Jersey Statutes prohibits a person from operating a motor vehicle without a valid driver’s license. This includes people whose driver’s licenses have been suspended or revoked, as well as those who have been refused a license or prohibited from obtaining one.

It also prohibits operating or allowing someone to operate a motor vehicle whose registration has been revoked.

Points and Penalties

If you are convicted of or plead guilty to violating section 39:3-40 of the New Jersey Statutes, you will receive a $500 fine and up to a six-month license suspension. A second offense will result in a $750 fine, up to a six-month license suspension, and up to five days’ imprisonment. A third or subsequent offense will get you a $1,000 fine, up to a six-month license suspension, and 10 days’ imprisonment.

If your license suspension was due to driving while intoxicated or refusing to submit to a chemical test, the penalties increase substantially. $1,000 dollars, a 12- to 30-month license suspension, and between 10 and 90 days in prison. For a second or third offense, the license suspension and incarceration remain the same, but the fine goes up to $1,250 and $1,500, respectively.

If your previous DWI or refusal happened in a school zone or a school crossing, the term of incarceration goes up to 60 to 90 days for a first offense, 120 to 150 days for a second offense, and 180 days for a third or subsequent offense.

A conviction of violating NJSA 39:3-40 will also result in nine insurance points being added to your record. These points are used to determine how much you pay in insurance premiums, and if you accumulate too many points, you may not be able to buy insurance at all on the voluntary market and will need to buy into the more expensive New Jersey Personal Automobile Insurance Plan (NJPAIP). Points do not expire for three years.

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  • Jamie D.

    I am extremely happy with the outcome of my case. Danny and his staff are just wonderful! I found my-self calling every other day but all my calls where answered and addressed with optimism. I did screw-up but I am glad I found Danny because he saved me.. Thanks .)

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    Hi Mr. Matrafajlo, I just wanted to say thank you for your representation today and obtaining a positive outcome in regards to my case. Please don’t take offense, but I hope not to have to meet you again too soon! I will however, recommend your name to anyone in need of a great defense lawyer. Warmest regards, Carmen

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    Thanks for the save. I'll let you know when i get my next ticket.

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    Thank you for your proactive effort and hard work on my case in the past one month. Thank you for your patience answering all my questions. I am very satisfied at the outcome.

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    I own a taxi cab business and on occasion I personally drive to pick-up a client/fare when all my employees/ drivers are busy on other dispatches. A few days before New Year ’s Day I had to pick-up a client at the Newark Airport and all my drivers were busy picking up fares, so I decided top pick up the client in my own personal car. Basically, I was stopped by Port Authority Police and issued $7,000.00 in summons. They issued me everything under the sun, such as operating a private vehicle for commercial means, not having a fire extinguisher, not having a license to operate the vehicle as a taxi, etc. I hired Danny and ALL the tickets were dismissed on the trial date. I thought I was going to have to pay some fine but never expected to walk away without even a fine. From that date forward, Danny has and will continue to represent me and all my drivers on any future traffic violations. Thanks again.

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    The best thing I could have done was hire Mr. Danny M. I still can’t pronounce his last name! When I was charged with several traffic offenses I received so many letter advertisements from attorneys promising the world. I didn’t know what attorney to pick. Then my friend told me to give Dan a call because he was the best. Now I can truly say, Danny is the best.

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  • Chris

    Never in my wildest dreams did I think I would have been cited for a DWI. Thanks Dan for getting me off…

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  • Stan

    Listen to Dan, especially in court, and you will have no problems!!

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  • Vanessa C.

    I was charged with driving a vehicle without auto insurance, and I thought I would lose my New Jersey driver’s license for a whole year, especially when I felt I had no defenses. If I lost my driver’s license, my life was going to come to a crashing halt because I have a baby girl to take care of without any real family help. All I can say is Dan got me off the charge with a $100.00 fine. I will never ignore an insurance payment, and I am deeply gratefully for Dan’s dedication to my case.

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    Thanks Dan for all your help, you saved me a lot of money.

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  • Thomas L.

    Dan has been my attorney for approximately 6 months, the length of my DWI case. I'm extremely happy with Dan's legal services. He answered all my questions, but more importantly, we won the case. When I was initially charged with a DWI I assumed I was going to be found guilty, especially since I was involved in an accident and charged with leaving the scene as well. Even with those circumstances Dan had me acquitted--based on some legal technicality. Dan will be my attorney for life!

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    I've used Dan as a lawyer for a plethora of cases and for legal advice, I can whole heartedly tell you that he will be my attorney for life. I've referred him to numerous friends for personal injury, prenuptial, criminal, civil and traffic cases, and they all have been very satisfied with his work and knowledge of the law. Dan will get your case squared away, you can be assured of his fortitude.

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    I've used Danny for all my legal needs for the past four years. I've found that he is a very professional, intelligent, and highly skilled attorney. He's a person who genuinely cares about you, and your case. Danny always conducts himself in an honest, ethical, and forthright manner. He recently saved me a significant amount of money by negotiating a settlement with a major bank. I highly recommend Danny for all your legal needs.

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    I used Mr. Matrafajlo for a personal injury case that occured during work. Mr. Matrafajlo genuinely cared for my well being and ensured that I received a fair settlement. I would defintely recommend Mr. Matrafajlo to my friends and family.

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