NJSA 2C:40-26 Charges in Union County, NJ

Understanding the Complexities of Operating a Vehicle During a License Suspension

Driving is an essential part of life for many in New Jersey, especially in a bustling county like Union. But when your driving privileges are suspended or revoked, getting behind the wheel becomes a serious offense with potentially severe consequences. N.J.S.A. 2C:40-26 outlines the law regarding driving while suspended or revoked in New Jersey. If you’re facing charges under this statute, understanding the nuances of the law and having a skilled legal advocate by your side is crucial.

Brett M. Rosen, Esq., a leading traffic violations and criminal defense attorney in Union County, has extensive experience defending clients against driving while suspended or revoked charges. He understands the impact these charges can have on your life and will fight tirelessly to protect your rights and driving privileges. 908-312-0368.

What is N.J.S.A. 2C:40-26?

N.J.S.A. 2C:40-26 deals with the offense of operating a motor vehicle during a period of license suspension, revocation, or disqualification because of a DUI. It’s crucial to understand that this applies not only to standard driver’s licenses but also to commercial driver’s licenses (CDLs) and other specialized licenses.

Key Points:

• “Operate”: This means driving or being in physical control of a motor vehicle.
• “Suspended/Revoked/Disqualified”: Your driving privileges have been officially suspended, revoked, or disqualified by the New Jersey Motor Vehicle Commission (MVC) or a court order for a DUI/DWI.
• Knowledge: The prosecution must prove that you were aware of the suspension, revocation, or disqualification.

Why is Driving While Suspended a Serious Offense?

Driving with a suspended or revoked license is considered a serious offense in New Jersey because it demonstrates a disregard for the law and puts public safety at risk. When your license is suspended, it’s for a DUI conviction, and continuing to drive despite the suspension shows a disregard for the safety of others and the authority of the courts.

Penalties for Violating N.J.S.A. 2C:40-26

The penalties for driving while suspended or revoked in New Jersey can vary depending on several factors:

• Reason for Suspension: The underlying reason for your license suspension was due to a DUI conviction.
• Prior Convictions: If you have prior convictions for driving while suspended, the penalties will increase with each subsequent offense.
• Aggravating Factors: Certain circumstances can lead to enhanced penalties, such as:
  
  • Causing an accident while driving with a suspended license
  • Driving with a suspended license for a DUI offense

Potential Penalties:

• Fines: Can range from hundreds to thousands of dollars, depending on the offense and your driving history.
• Jail Time: Jail time is mandatory, especially for repeat offenders or those with suspensions due to DUI convictions. The mandatory minimum is 180 days in jail.
• Further License Suspension: Your license suspension will likely be extended, potentially for a significant period.
• Community Service: You may be ordered to perform community service hours.
• Other Consequences: A conviction can also result in:
  
  • Increased insurance premiums
  • Difficulty obtaining employment or housing
  • Potential immigration consequences for non-U.S. citizens

Defenses Against Driving While Suspended Charges

While driving with a suspended license is a serious offense, there are potential defenses that your attorney can explore to protect your rights and minimize the consequences. These include:

• Lack of Knowledge: If you can prove that you were unaware that your license was suspended, it can be a valid defense. This might involve demonstrating that you did not receive proper notification of the suspension or that there was an administrative error.
• Necessity: In rare cases, if you can prove that you were driving with a suspended license due to a true emergency, such as a medical emergency or to prevent imminent harm, it may be a defense. However, this defense is difficult to prove and requires strong evidence.
• Mistaken Identity: If you were wrongly identified as the driver of the vehicle, your attorney can challenge the identification and present evidence to prove your innocence.

Why Choose Brett M. Rosen, Esq. as Your Union County Traffic Violations Attorney?

Facing charges for driving with a suspended license can be stressful and confusing. Brett M. Rosen, Esq., and his team are dedicated to providing you with the aggressive representation and compassionate guidance you need to navigate this challenging situation.

We offer:

• Extensive Experience in Traffic Violations Defense: We have a proven track record of success in defending clients against driving while suspended charges and other traffic offenses in Union County.
• In-Depth Knowledge of NJ Traffic Laws: We are intimately familiar with New Jersey’s traffic laws and the procedures of the Union County, New Jersey.
• Personalized Attention & Aggressive Advocacy: We understand that every case is unique. We provide personalized attention to each client, tailoring our defense strategies to your specific circumstances and fighting tirelessly to protect your driving privileges.
• Commitment to Protecting Your Rights and Future: We are dedicated to fighting for your rights and minimizing the impact of these charges on your life. We’ll work tirelessly to achieve the best possible outcome, whether that’s a dismissal of charges, a reduction in penalties, or alternative sentencing.

Frequently Asked Questions About Driving While Suspended in New Jersey

1. What should I do if I’m pulled over and my license is suspended?

• Remain calm and polite. Provide the officer with your identification and any other requested documents. However, do not admit guilt or offer any explanations without first consulting with an attorney. Contact Brett M. Rosen, Esq., as soon as possible.

2. Can I get a work permit to drive if my license is suspended?

• No, you cannot.

3. What are the consequences of a second or subsequent offense of driving while suspended?

• The penalties for subsequent offenses are more severe, including increased fines, longer license suspensions, and mandatory jail time.

4. Can I be charged with driving while suspended if I didn’t know my license was suspended?

• Lack of knowledge can be a potential defense if you can prove you were not properly notified of the suspension. However, it’s important to remember that it’s your responsibility as a driver to maintain a valid license and be aware of any suspensions or revocations.

5. What if my license was suspended due to unpaid fines or surcharges?

• If your license was suspended due to unpaid fines or surcharges, you should pay the outstanding amounts immediately. In some cases, paying the fines may lead to a dismissal or reduction of the DWS/DWR charge.

FAQs Continued

6. Can a driving while suspended conviction affect my ability to obtain or renew a professional license?

• Yes, a DWS/DWR conviction can negatively impact your ability to obtain or renew a professional license, especially in fields that require driving or a clean driving record.

7. What are the potential immigration consequences of a driving while suspended conviction?

• For non-U.S. citizens, a DWS/DWR conviction can have serious immigration consequences, including deportation or denial of naturalization.

8. What if I was driving someone to the hospital in an emergency? Can I use that as a defense?

• In some cases, the “necessity defense” may be applicable if you were driving with a suspended license due to a genuine emergency where there was an immediate threat to life or safety, and no other reasonable alternative was available. However, this is a difficult defense to prove.

9. What should I expect at my first court appearance for a driving while suspended charge?

• At your first appearance, the judge will inform you of the charges against you, your rights, and the potential penalties. You may be asked to enter a plea. An attorney can represent you at this hearing and help you understand your options.

10. How can an attorney help me fight a driving while suspended charge?

• An attorney can investigate the circumstances of your case, challenge the validity of your suspension or revocation, negotiate with the prosecutor, and represent you in court.

Operating motor vehicle during period of license suspension

Driving with a suspended license for a DUI is a serious offense in New Jersey with potentially severe consequences. If you’re facing these charges in Union County, don’t navigate the legal system alone. Contact Brett M. Rosen, Esq., today for a free consultation. He will provide you with the experienced and dedicated representation you need to protect your driving privileges and your future.

908-312-0368 & brett@nynjcriminalcivilesq.com

Remember: Your ability to drive is a valuable privilege. Don’t risk losing it. Seek legal help today.