You or someone you know has been convicted of drunk driving. What a pain!
License gone, insurance costs though the roof, fines, attorney fees–a
huge hassle. Plus, it’s hard to get to work. Forget going out very
often–you have to rely on other people to take you where you want to
go. How humiliating is that!?

And there sits your car.

So, one fine day you have an errand. It’ll be a quick trip and no one
will be the wiser. You’re not drunk after all, just tired of asking
for rides.

Or, your friend calls you because she’s stranded and sick and needs
help. Hey, it’s an emergency, right?

Or, your boss calls and wants you at work
right now.

So, you drive.

Big mistake. Maybe the police stop you because they recognize you and know
that your license is suspended. Maybe another motorist hits your car.
Maybe you’re so nervous you go through a stop sign. Whatever the reason,
the siren sounds and there you are, pulled over with a suspended license.

Driving While Suspended May Now Carry a Mandatory 180 Day Sentence Under
New Jersey’s New Driving While Suspended Law

New Jersey has a nasty surprise for you. Effective August 1, 2011, under
N.J.S.A. 2C: 40-26, if your license has been suspended for either a first
DWI (or a refusal to take the breathalyzer), AND you are caught driving
without a license for the second time, a new statute applies. Same thing
if you have two or more DWIs and/or refusals. Then you only have to be
caught driving without a license ONCE.

What’s the surprise? The new statute, N.J.S.A. 2C:40-26, expands the
penalties for conviction for driving without a license when the suspension
is for a prior DWI or breathalyzer refusal. The penalty is
180 days in jail without parole. That’s six actual months of time behind bars.

It doesn’t matter if the driver was totally sober when he was driving.
It also doesn’t matter if he drove safely, didn’t speed, and broke
no other traffic laws. The point is that he was caught driving after having
his license suspended for drunk driving.

The law now works like this:

Driving while suspended is normally a motor vehicle offense handled in
municipal court, but not if a person fits within the new statute. In that
case, a grand jury will hear the charges because the new law makes this
category of driving while suspended a crime of the fourth degree. That
also means that for the first time, a driving while suspended charge will
be heard before a judge and jury in Superior Court.

Normally, a fourth degree conviction would carry a presumption of non-imprisonment.
Not for this crime. Once there is a conviction, the sentence of six months
is mandatory.

How Could Things Get Worse?

You could be driving while intoxicated. Then, in addition to the penalties
for driving while suspended, you will face the additional charge. N.J.S.A. 39:4-50.

You could be involved in an accident that causes injury to another person.
In such cases, regardless of why your license was suspended, the court
must impose a period of imprisonment for not less than 45 days or more
than 180 days. N.J.S.A. 39:3-40e.

You could be apprehended within 1000 feet of a school or in a school crossing
zone while under suspension for DWI or refusal. In such cases, the sentence
is 60 to 90 days for a first offense, 120 to 150 days for a second offense,
and 180 days for a third or subsequent offense. N.J.S.A. 39:3-40f (3).

What Can a Criminal Defense Attorney Do for You?

A defense attorney can start out by negotiating with the Prosecutor’s
Office to see if it is possible to have the charges downgraded to municipal
court. Perhaps there were circumstances that might convince the prosecutor
to show leniency. If so, you will need an advocate to make your case for you.

If no downgrade is offered, your lawyer could seek to have you admitted
into the Pre-trial Intervention Program. This is a brand new statute and
courts have yet to deal with this issue. A persuasive attorney might convince
a court to set this precedent.

Your attorney will analyze whether you can challenge the basis for stopping
your vehicle, by making a motion and arguing that the stop violated the
Fourth Amendment.

If the case goes to trial before a jury, you need counsel that knows his
way around a Superior Court courtroom. Do
you know whether or not the jury can learn of your prior driving record?

In the event you are convicted, your attorney can argue that the sentence
should be served on work release, given that this alternative is available
for drunk driving. N.J.S.A. 39:4-51.

An attorney will also sort out your driving record, argue that sentences
can be run concurrently, and perhaps convince the court that the suspension
was not due to a DWI.

Remember, this is not an offense to take lightly. You need the assistance
of counsel. Do not seek to handle it yourself just because you think that
a motor vehicle charge is no big deal. This one is.

Confused yet? Bewildered? Unsure of the law? That is exactly why you need
to consult an experienced defense lawyer. If you have been charged with
driving while suspended the experienced criminal defense attorneys at
Law Offices of Joseph R. Donahue, LLC would welcome your inquiries. We have helped
many people through the criminal justice system and if you contact us
immediately, an experienced criminal defense lawyer from our office will
do their best to ensure that your case is handled properly and promptly.
To contact a criminal defense attorney at
Law Offices of Joseph R. Donahue, LLC, call (201) 488-7707 or send us an
email.