Driving While Supsended, DWI, N.J.S.A. 39:3-40(f) 14

Driving While Supsended, DWI, N.J.S.A. 39:3-40(f) 14
Drive whilesuspended - DWI
39:3-40(f)(2)
1st Offense 2nd Offense 3rd or subsequent Offense
Fine $500 39:3-40(a), plus$500 fine 39:3-40(f)(2) $750 39:3-40(a), plus$500 fine 39:3-40(f)(2) $1000 39:3-40(a), plus$500 fine 39:3-40(f)(2)
Fine -School Zone $500 39:3-40(a), plus$500 fine 39:3-40(f)(2), plus $500 39:3-
40(f)(3)
$750 39:3-40(a), plus$500 fine 39:3-40(f)(2), plus
$500 39:3-40(f)(3)
$1000 39:3-40(a), plus$500 fine 39:3-40(f)(2), plus
$500 39:3-40(f)(3)
DLRevoke
Suspend
Up to 6 mo. 39:3-40(a), plus12 mo. - 24 mo. additional 39:3-40(f)(2) Up to 6 mo. 39:3-40(a), plus12 mo. - 24 mo. additional 39:3-40(f)(2) Up to 6 mo. 39:3-40(a), plus12 mo. - 24 mo. additional 39:3-40(f)(2)
DL RevokeSuspend for
School Zone
12 month - 30 month driver’s licensesuspension
(1 to 2 years after any incarceration)
12 month - 30 month driver’s licensesuspension
(1 to 2 years after any incarceration)
12 month - 30 month driver’s licensesuspension
(1 to 2 years after any incarceration)
RegistrationSuspension
N.J.S. 39:3-40.1
Suspension of registration on all ownedor leased vehicles Suspension of registration on all owned orleased vehicles
(If within 5 years of 39:3-40 conviction,registration suspended for the same time as
drivers licence)
Suspension of registration on all owned orleased vehicles
(If within 5 years of 39:3-40 conviction,registration suspended for the same time as
drivers licence)
Incarceration 10-90 days incarceration Up to 5 days 39:3-40 (b)10-90 days incarceration 39:3-40 (f)(2)
If the offense involves a motor vehiclemoving violation, then imprisonment for 10
days longer than the term of imprisonmentfor the previous offense.
Up to 10 days 39:3-40 (c)10-90 days incarceration 39:3-40 (f)(2)
If the offense involves a motor vehiclemoving violation, then imprisonment for 10
days longer than the term of imprisonmentfor the previous offense.
IncarcerationSchool Zone 10-90 days incarceration 39:3-40 (f)(2)60-90 days incarceration 39:3-40(f)(3) Up to 5 days 39:3-40 (b)10-90 days incarceration 39:3-40 (f)(2)
120-150 days incarceration 39:3-40(f)(3)
Up to 10 days 39:3-40 (c)10-90 days incarceration 39:3-40 (f)(2)
180 days incarceration 39:3-40(f)(3)
Driving While Supsended, DWI, N.J.S.A. 39:3-40(f) 15
Drive whilesuspended - DWI
39:3-40(f)(2)
1st Offense 2nd Offense 3rd or subsequent Offense
DLRevoke
Suspend Under17
revocation of registration certificate forthe period driver’s license is suspended revocation of registration certificate for theperiod driver’s license is suspended revocation of registration certificate for theperiod driver’s license is suspended
Penalties reflect inclusion of the penalties for a violation of N.J.S.A. 39:3-40 (a) through (e). The Administrative Office of the Courts have adopted this position in issuing the Minimum Mandatory Fines and Penalties schedule
issued on August 9, 2004.
Note: The fines and penalties set forth in N.J.S.A. 39:3-40(f)(1)-(3) are imposed “notwithstanding” the general penalty provisions listed above. This chart is based on the assumption that the fines and penalties set forth in N.J.S.A. 39:3-40(f)(1)-(3) are in addition to those found in
N.J.S.A.39:3-40(a)-(e). This reading of the statute is suggested by State v. Wrotny, 221 N.J. Super. 226, 228-30 (App. Div. 1987), though Wrotnydoes not explicitly hold as much. For a contrary reading of N.J.S.A. 39:3-40(f)(1)-(3), see State v. Walsh, 236 N.J. Super. 151, 155 (Law Div.
1989), and State v. Rought, 221, N.J., Super. 42, 47 (Law Div. 1987), which both held that the fines and the penalties of 39:3-40(f)(1)-(3) are asubstitute for those provided by N.J.S.A. 39:3-40(a)-(e). Before imposing sentence for a conviction of N.J.S.A. 39:3-40(f)(1)-(3), please consult
these cases and any other relevant cases decided after the date of this chart. (The Administrative Office of the Courts have adopted this positionin issuing the Minimum Mandatory Fines and Penalties schedule issued on August 9, 2004.)