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What is NJ 2C:40-26?


2C:40-36 is an indictable criminal defenses, aka Crime, for driving on a license that has suspended for DWI. In order to fall under this statute, an individual must have one prior driving while suspended for DWI charge if there is only one DWI conviction. If the individual has been convicted 2 or more times for DWI, then a first offense for driving while suspended for DWI subjects the defendant to the criminal offense.

The penalties are 6 months to 18 months, which must be served in jail.

What Is The Difference Between A License Suspension And License Revocation Resulting From A DWI?

A conviction for driving on a suspended license will not ordinarily result in jail. When it does, a person may be eligible for a weekend program or a S.L.A.P. However, when the person is charged with driving while suspended for a DWI, there are enhanced penalties. The penalties include an additional 1 to 2 year suspension and 10 to 90 days in jail.

How Long Is Someone’s Driver’s License Typically Suspended Or Revoked For A DWI?

On a first offense, the license is suspended for 90 to 210 days. On a second offense, the suspension is for 2 years. On a third or subsequent offense, 10 years.

If You Are Caught Driving While Your Driver’s License Is Suspended Or Revoked For A DWI What Further Charges Will You Be Facing?

Typically you will face enhanced driving while suspended and possibly the Crime of driving while suspended for DWI under 2C:40-26.

If You Happen To Get A DUI Charge, Are Charged With Reckless Driving Or Another Serious Offense While Your License Is Already Suspended Or Revoked For A DWI, How Much Will That Enhance Your Penalties?

Ordinarily the motor vehicle charge will not enhance the charge. However if the defendant is responsible for a serious injury, there can be a charge of assault by automobile which is punishable as a 3rd degree Crime and punishable by 3-5 years in prison.

What Are The Sentencing Guidelines If Convicted Of Driving With A Suspended Or Revoked License Due To DWI?

If the individual has one conviction of DWI, they will face 10-90 days on a first offense of driving while suspended and an additional 1-2 years added to the suspension. On a second offense of driving while suspended or a second DWI conviction, they will also face 6-18 months in Prison under 2C:40-26.

Are There Any Circumstances Where Mandatory Jail Time Would Be Necessary?

Jail is mandatory for any conviction of driving while suspended for DWI. 10-90 days for a first offense. 6 to 18 months for a second or subsequent offense.

How Will A Driving Without A License Charge/Conviction Impact Your Original DWI Suspension?

There will be an extension of 1 to 2 years.

How Long Does This Charge Stay On Your Record?

Driving while suspended under 39:3-40 (the motor vehicle charge) stays on your driving abstract forever. The criminal charge of 2C:40-26 stays on your record until an order of expungement is signed by the superior court.

Can Those Charges Ever Be Removed Or Sealed?

Ordinarily one must wait 10 years to apply for an expungement.

Is Not Knowing That Your License Was Suspended Ever A Plausible Defense?

Generally it is not, the suspension is given in court and one cannot plausibly say they were not given notice. Under State v. Perry this changes if the suspension period has passed and only administrative issues are keeping the license from being restored. For example, if a license is still suspended for DWI because of failure to pay a restoration fee.

For more information on Criminal Driving On Suspended License, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (908) 210-9755 today.

The Law Offices of James A. Abate LLC

Get your questions answered – call me for your free, 20 min phone consultation (908) 210-9755

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