It’s A Felony & You Need A Pro
People who have been convicted of DWI in New Jersey often have to deal with a driver’s license suspension and other additional penalties.
And if you are caught for driving under suspension after being previously convicted of a DUI, you will be facing and indictment on a felony offense (NJ Code 2C:40-26).
If you want to stay out of jail, you’d better get a highly experienced DWI Criminal Defense Attorney to avoid being sentenced to mandatory time.
Charged With Driving Under Suspension As A Felony Offense
Most of the time when someone is charged with driving under suspension it is considered a misdemeanor traffic offense.
However, if a person has been convicted of a DWI before and is caught driving while under a mandatory driver’s license suspension, or a DUI refusal, they are facing a felony offense and much harsher penalties.
Penalties For Driving While Under Suspension After A DWI Conviction In New Jersey
If you or someone you know is convicted of a felony offense for driving while under a suspended license, they are facing mandatory jail time and expensive fines.
Not only will the convicted person be sentenced to required jail time for driving under suspension, they are also ineligible for parole.
A convicted person will serve a mandatory 180 days in jail with no chance of parole.
In addition to a required minimum jail sentence, they will also have to pay fines that cost more than $10,000 and their license will be suspended longer.
This is a serious offense that needs the attention of a criminal defense lawyer immediately if you want to avoid serving mandatory time in jail and paying expensive fines.
An experienced DWI defense attorney can usually negotiate a lesser charge or reach an agreement for pre-trial intervention.
2C:40-26 Operating Motor Vehicle During Period Of License Suspension, Fourth Degree Crime
The New Jersey state statute for a felony driving under suspension charge reads like this:
- It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor’s license was suspended or revoked for a first violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense. A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
- It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor’s license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.
- Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime under this section the sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.
Who Can Be Charged With NJ Statute 2C:40-26 For Driving While Under A License Suspension?
A person who has been convicted of a first or second DWI or refusal can be charged with felony driving while under suspension.
If someone has a previous drunk driving or DUI Refusal charge conviction, they will face much more serious penalties if they are arrested for suspended license in New Jersey.
How Do I Fight A Felony License Suspension Charge?
You need the help of an expert DWI Defense Attorney like Matthew Reisig.
He and his expert team defend drunk driving offenses in the entire state of New Jersey and have successfully helped over 1,000 clients avoid a DWI conviction.
Call today for your free consultation at 732-625-9660.
We can help you avoid serious penalties for felony license suspension arrests and other drunk driving cases.