Articles Posted in Driving While Suspended or Revoked

In a case captioned State v Federico, the NJ Appellate Division held that a defendant convicted of a DWI offense and multiple other traffic offenses may not be sentenced to more than 180 days in county jail. The court reasoned that it has been the long standing policy to cap the term of imprisonment at 180 days for multiple convictions arising out of the same incident.

This case involved a defendant who was convicted of driving while intoxicated as third offender and also driving while suspended as a result of a a prior DWI conviction. If convicted of a third or subsequent DWI offense in NJ, there is a mandatory 6 month period of incarceration, 3 months of which may be served in a inpatient rehab.

in addition, driving while suspended as a result of a DWI conviction is a minimum of 10 days in jail, and possibly much more depending on the circumstances.

A provision harsh provision of the Driving While Suspended law was recently repealed by the NJ legislature. Under the former NSJA 39:3-40(g), if a defendant’s license was suspended for failure to pay surcharges, the statute called for an additional $3000 fine to be paid to and collected by the Motor Vehicle Commission. This fine was in addition to all others imposed.
The penalty took the form of a judgment against the defendant and remained as such until completely paid in full by the defendant. If you have been subjected to this penalty since January 16 of 2010, you should contact a New Jersey Municipal Court appeal lawyer who can make a motion for reconsideration on your behalf to relieve you of this significant financial burden.