The arrest itself and when ready consequences
If you are stopped while driving on a suspended license in New Jersey, you will be arrested and charged with a motor vehicle offense. The officer will issue you a summons or, depending on the circumstances, take you into custody. Your vehicle may be impounded, and you will face both criminal charges and additional penalties beyond the original suspension.
New Jersey treats driving with a suspended license as a separate crime from whatever caused the suspension in the first place. This means you are not straightforward continuing to violate the suspension — you are committing a new offense that carries its own fines, jail time, and license consequences.
Key Takeaways
- Driving with a suspended license in New Jersey is charged as a separate crime, typically a disorderly persons offense or indictable crime depending on your history.
- First offense convictions usually result in fines between $500 and $1,000, up to 30 days in jail, and an additional 6-month to 1-year license suspension.
- A second or subsequent offense within 10 years is treated as an indictable crime with penalties up to $1,000 in fines and up to 6 months in jail.
- Your vehicle will likely be impounded, and you will owe towing and storage fees in addition to court fines.
- You must resolve the original reason for suspension before you can restore your license, even after serving any jail sentence.
Criminal charges and sentencing for first offense
A first offense of driving with a suspended license in New Jersey is typically charged as a disorderly persons offense under N.J.S.A. 39:3-40. Conviction carries a fine of $500 to $1,000 and up to 30 days in jail. The court may impose one, both, or neither depending on the specific facts and your driving record.
In addition to the fine and possible jail time, your license will be suspended for an additional 6 months to 1 year beyond the original suspension period. This means if you were already suspended for 6 months when arrested, you could face a total suspension of 12 to 18 months from the date of the original suspension.
The court will also assess court costs and fees, which typically range from $100 to $300. You will also be responsible for vehicle impound fees, which in New Jersey average $150 to $300 for towing plus $25 to $35 per day for storage.
Penalties for repeat offenses within 10 years
If you have been convicted of driving with a suspended license within the past 10 years, a second or subsequent offense is charged as an indictable crime (felony-level offense in New Jersey's system). This is a much more serious charge than a first offense.
Conviction on an indictable charge carries a fine up to $1,000 and imprisonment for up to 6 months. The court may also impose a mandatory minimum jail sentence depending on the specific degree of the charge and your prior record. Additionally, your license will be suspended for a minimum of 1 year, and the court may order a longer suspension.
An indictable conviction also creates a permanent criminal record that will appear on background checks for employment, housing, and other purposes. This record cannot be expunged (erased) in New Jersey, even after a certain period of time has passed.
Vehicle impound and related costs
When you are arrested for driving with a suspended license, the vehicle you were driving is subject to impound under New Jersey law. The impound is not optional — it is a mandatory consequence of the arrest.
To retrieve your vehicle, you must pay the towing fee (typically $150 to $300) and daily storage fees (typically $25 to $35 per day). If the vehicle remains impounded for 30 days or longer, the impound facility may place a lien on the vehicle, meaning you cannot sell or transfer it without paying the accumulated fees first.
If the vehicle is registered to someone other than you, that person may be able to retrieve it by providing proof of ownership and paying the fees. However, if you are the registered owner, you are responsible for the costs regardless of whether you were the one driving.
How to resolve the original suspension before court
Before your court date, you should take steps to address the reason your license was suspended in the first place. This does not erase the new charge, but it may influence how the judge sentences you and will be necessary to restore your license later.
If your suspension was due to unpaid fines or court costs, contact the court that issued the suspension and pay what you owe. If it was due to failure to appear in court, contact the court when ready to reschedule. If it was due to a DUI conviction, you may need to complete an Intoxicated Driver Resource Center (IDRC) program or other required treatment.
Bring documentation of what you have done to the prosecutor and judge before sentencing. This shows good faith and may result in a lighter sentence, though it will not prevent conviction if you are found guilty.
Restoring your license after conviction
After you are convicted and serve any jail sentence, you cannot straightforward request your license back. New Jersey requires you to follow a specific restoration process.
First, you must wait out the additional suspension period imposed by the court (typically 6 months to 1 year for a first offense). During this time, you cannot drive at all, even with a restricted or work license.
Second, you must resolve the original reason for the initial suspension. If you have not done so already, you must complete any required programs, pay any outstanding fines, or satisfy any other court orders related to the original suspension.
Third, you must submit a Restoration of Driving Privileges process to the New Jersey Motor Vehicle Commission (MVC). This process requires proof that you have completed all requirements and paid all fines. The MVC will review your process and notify you whether your license has been restored. There is no fee for restoration, but you may need to pay reinstatement fees if your license has expired.
What to do if you are arrested
If you are stopped and arrested for driving with a suspended license, do not answer questions about why you were driving or whether you knew your license was suspended. Politely decline to answer and ask to speak with a lawyer.
Request a public defender if you cannot afford a private attorney. New Jersey provides public defenders for criminal charges, including motor vehicle offenses. A lawyer can review the circumstances of your arrest, challenge the evidence if appropriate, and negotiate with the prosecutor for reduced charges or a lighter sentence.
Attend all court dates. Failure to appear will result in an additional charge and may lead to your arrest. If you cannot attend, contact the court in advance to request a postponement.
Frequently Asked Questions
Can I get a work license while my license is suspended?
New Jersey does not issue work licenses or restricted licenses for suspensions related to criminal convictions for driving with a suspended license. You may be able to request a work license for the original suspension reason (such as unpaid fines) before you are arrested, but once you are convicted of driving suspended, no work license is available during the additional suspension period imposed by the court.
Will this conviction show up on a background check?
Yes. A conviction for driving with a suspended license is a criminal offense and will appear on background checks for employment, housing, and professional licensing. Unlike some minor offenses, it cannot be expunged from your record in New Jersey.
What if I did not know my license was suspended?
Lack of knowledge is not a defense in New Jersey. The law requires you to know the status of your license. However, if you can show that you made a good-faith effort to check your status or that the MVC failed to notify you of the suspension, your lawyer may be able to argue for reduced charges or a lighter sentence.
Do I have to pay the impound fees before my court date?
You do not have to pay before court, but the fees will continue to accumulate daily. If you wait until after conviction to retrieve your vehicle, you will owe more in storage fees. It is usually cheaper to retrieve the vehicle as soon as possible, even if you cannot drive it.
Can the charges be dismissed if I restore my license before trial?
No. Restoring your license does not dismiss the criminal charge. However, showing the court that you have taken steps to restore your license may result in a lighter sentence or may help your lawyer negotiate a plea agreement with the prosecutor.