Kenneth Vercammen is a NJ trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Deputy Chair of the ABA Criminal Law Committee,GP and will be a speaker at the 2012 ABA Annual Meeting attended by 10,000 attorneys and professionals.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit Website www.njlaws.com

Kenneth Vercammen & Associates, P.C.

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Monday, September 7, 2009

Driving While Suspended N.J.S.A. 39:3-40

Driving While Suspended N.J.S.A. 39:3-40
Note: For all offenses under this statute that involve an accident resulting in personal injury to another, the court is required to
impose a period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e). If the accident results in the
death of another person, then the defendant shall be guilty of a crime of the third degree and the defendant's driver's license shall be
suspended for an additional period of one year. If the accident results in serious bodily injury to another person, then the defendant
shall be guilty of a crime of the fourth degree and the defendant's driver's license shall be suspended for an additional period of one
year.
Offense 39:3-40
driving while license suspended- general provision
1st Offense
- $500 fine, and
- driver's license suspension not to exceed 6 months
2nd Offense
- $750 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment not more than 5 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of registration certificate for the period
driver's license is suspended (see N.J.S.A. 39:3-40.1)
3rd or Subsequent
Offense - $1000 fine, and
- driver's license suspension not to exceed 6 months, and
- imprisonment for 10 days, and
- if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver's
license is suspended (see N.J.S.A. 39:3-40.1)

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