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Operating Under Suspension

CRIMINAL DRIVING WHILE SUSPENDED, N.J.S. 2C:40-26

If you have been convicted of a DWI, and drive during that period of suspension, you may be charged with Operating motor vehicle during a period of license suspension, a fourth-degree crime.

This Law Applies to you for

(1)   Your second driving while suspended after a first DWI or Refusal conviction.

(2)   Any driving while suspended after a second or third offense DWI or Refusal conviction.

PENALTY FOR FOURTH DEGREE DRIVING WHILE SUSPENDED

The Penalty for Fourth Degree Driving While Suspended is a 6-months to 18-months in jail or State Prison, with a 6-month period of parole ineligibility. This means, that you MUST serve at least 6-months. In addition, there are fines of up to $10,000, as well as mandatory assessments, additional drivers license suspension, and most importantly, you will have a criminal conviction.

HOW WILL WE FIGHT YOUR CHARGES?

It all starts with challenging the Grand Jury proceedings, followed by determining whether the police have a reasonable suspicion to pull you over. Finally, we will take the case to trial, if that’s what it takes to win. To us, pleading guilty is not an option.

Steven W. Hernandez is a trial lawyer, who has experience challenging fight motor vehicle crimes and violations. For a consultation or appointment, call 732-286-2700.