So, Your License was suspended in Another State?
Your license was suspended in another state. You’re under the impression it has absolutely nothing to do with your New Jersey driving record. We hate to inform you otherwise.
The New Jersey courts disagree. We’ll provide you with the details of a case that just came out on this issue.
The Law on Driving While Suspended
There are several ways your license can be suspended. Of course, one of the big ones is driving while under the influence. We’ve already written about the different reasons your license can be put on hold. Be alert to them.
Warning! It’s a big deal if you decide to chance driving while suspended. And, that includes if your license was suspended in another state.
It’s considered a fourth degree crime to operate a motor vehicle while driving on the suspended list. The penalties involved will be based on the number of times your license has been suspended. NJSA 2C:40-26 is the law that spells out the specifics.
You should note that multiple offenses could find you in jail for not less than 180 days! And, you won’t be eligible for parole!
So, again, what if your license was suspended in another state? Does that count?
The New Jersey Appellate Division says yes. Take a look at the recent case of State v. Luzhak. The court just approved it for publication so it serves as new precedent.
Here’s the story. Robert Luzhak was convicted of driving on the suspended list. The court assessed penalties associated with driving on the suspended list more than once.
Robert’s attorney disagreed and argued that it was only the first time that Robert drove on the suspended list. The lower court disagreed and so did the Appellate Division. Here’s why.
In October of 2013, the defendant was involved in a minor car accident. The problem was that Robert was on the suspended list. He had two DWI convictions. One was in New Jersey and the other was in Maryland.
It didn’t matter that one of the suspensions was ordered out of state. Under the law, Robert met the number of offenses necessary to constitute mandatory imprisonment. The fact that Robert’s license was suspended for DWI likely added further weight to the sentence.
The courts do not take lightly to drunk driving. Whether the offense occurs in New Jersey or not.
Contact Us
At the Law Offices of Beninato & Matrafaljo, we are up to date on the laws regarding motor vehicle offenses. Contact us for experienced legal advice.
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