In the state of New Jersey, driving with a suspended license has now become a criminal offense under certain circumstances. Specifically, if your license has been suspended due to driving while intoxicated (DWI) or because you refused to submit to a breath test, continuance to drive under the suspended license can result in a fourth degree criminal charge.
Prior to the ruling, driving with a suspended license due to the above charges was not considered a criminal offense. It was classified as a motor vehicle infraction, pursuant of N.J.S.A. 39: 3-40(f)(2)(3). However, on August 1, 2011, the laws changed. Since that date, pursuant of N.J.S.A. 2C:40-26, it is considered a fourth degree crime for someone to drive under a suspended license when the license has already been suspended for either first or second degree DWI charges, or if they refused to submit to a blood alcohol content (BAC) test. Following from this new law, if convicted, those found guilty must be sentenced to imprisonment for no less than 180 days. During such time, they may not be eligible for parole.
The amended statute, in its entirety, can be read below:
a. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor’s license was suspended or revoked for a first violation of R.S. 39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a) and the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense. A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
b. It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor’s license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c. 512 (C.39:4-50.4a). A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
c. Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.
