Driving with a suspended license in New Jersey is a serious matter that can involve fines and jail time. There are additional charges for being at fault in an accident while driving on a suspended license.
It is important to understand your options and seek legal counsel. An attorney can negotiate with prosecutors for reduced penalties and help you get your license reinstated. Rosenblum Law attorneys are skilled in handling cases of at-fault accidents while driving on a suspended license. Contact us today for a free consultation, and keep reading for more information.
Understanding the Consequences of Driving with a Suspended License in New Jersey
Legal Penalties
Driving on a suspended license in New Jersey involves both fines and jail time. The penalties for driving on a suspended license are found in Section 39:3-40 of the New Jersey state code.
- A first offense involves a fine of $500 without jail time.
- A second offense involves a fine of $750 and at least 1 to 5 days in county jail.
- A third offense involves a fine of $1,000 with a jail term of 10 days.
In addition, if someone’s license was suspended for driving while intoxicated, they will have their motor vehicle registration privileges revoked. Any conviction for driving while suspended will result in an additional suspension period of 6 months.
Finally, when someone is involved in an accident while driving on a suspended license, there is a mandatory jail term of 45 to 180 days in county jail.
Insurance Implications
According to Bankrate, one’s insurance rate can go up as much as 43% after an at-fault accident. When that accident involves a suspended license, the increase could be higher. The insurance company also could deny coverage for the accident because the driver didn’t have a valid license.
Civil Liability
When someone is at fault in an accident, they are responsible for damages and injuries sustained by other drivers. As a result, one can expect possible civil lawsuits from other parties involved. This will require hiring an attorney for the most effective representation.
Steps to Take Immediately After the Accident
If someone is involved in an accident, whether or not they are at fault and/or have a suspended license, they should take the following steps.
1. Ensure Safety and Seek Medical Attention. Check carefully for injuries. The adrenaline of the auto accident can suppress pain, so don’t assume everyone is fine because if no pain is immediately reported. Contact emergency services for medical attention.
2. Contact Law Enforcement. The police will likely arrive on the scene with emergency vehicles. Cooperate fully and report the accident accurately, but without admitting fault.
3. Gather Evidence. Gather evidence that may be used in defending the case. Take photos of the scene and any damages, as these can provide clues as to what caused the accident. Collect contact information from witnesses, and get driver information including insurance information.
Legal Options and Strategies for Handling the Situation
If someone is at fault in an accident with a suspended license, they have several other important things to do.
- Consult a Lawyer Experienced in Traffic Violations and Accidents. It is important to hire an experienced traffic ticket attorney in New Jersey who can protect their client’s rights and interests, representing them in court and negotiating with prosecutors.
- Address the Suspended License. Next, it is important to address the reason for the suspended license, such as unpaid traffic tickets, and work toward getting the license reinstated. An attorney can apply for a reduced suspension period, and it may also be possible to apply for a conditional or hardship license that allows one to drive to and from work, school, and medical appointments.
- Negotiate with Insurance Companies. Negotiating with an insurance company can be challenging, especially when driving on a suspended license. Among other things, the insurance company may try to deny coverage due to the unlicensed driver. However, an attorney can help ensure fair compensation by negotiating on their client’s behalf.
- Prepare for Possible Criminal Charges. If someone is at fault in an accident with a suspended license, they are likely to face criminal charges that can come with jail time. An attorney can mount a vigorous defense, which may include questioning procedures and challenging evidence. The attorney can also negotiate with prosecutors for reduced penalties, including probation in lieu of jail time.
FAQs
Can I be sued if I cause an accident with a suspended license?
Yes. You can be sued if you cause an accident whether or not you have a suspended license.
How can a lawyer help me if I'm at fault in an accident with a suspended license?
A lawyer can represent you in court, presenting evidence and testimonies in your defense. They will also work to reduce suspension periods and advocate for reduced penalties. In civil court, the attorney can defend against lawsuits from the other parties in the accident.
What should I do immediately after the accident if my license is suspended?
After checking for injuries and reporting the accident to police, you should discover why your license was suspended and work toward reinstatement. Contact an attorney immediately to protect your rights and interests.
Will my insurance cover the damages if I was driving with a suspended license?
Your insurance might or might not cover the damages if you were driving with a suspended license. It is best to work with an attorney who can negotiate with the insurance company on your behalf.
Can I get my license reinstated after the accident?
You may be able to resolve the initial suspension, but there is an additional 6-month suspension for driving on a suspended license. This period may be reduced in post-conviction relief with the help of an attorney.
What are the potential criminal charges I could face?
Driving on a suspended license is a criminal charge that carries a fine of $500 for a first offense, $750 for a second offense, and $1,000 for a third or subsequent offense in a five-year period. Causing an accident while driving on a suspended license is also a criminal charge that carries a jail term of 45-180 days.
How do I avoid further penalties or jail time?
The best way to avoid further penalties or jail time is to have an attorney on your side who can negotiate with prosecutors for reduced penalties and charges. It is possible that the attorney can negotiate probation rather than jail time.
Can I still negotiate with the insurance company if my license was suspended?
Yes. The insurance company may try to deny coverage of the accident based on the suspended license, but an attorney can push back and negotiate for a fair settlement.
Contact Rosenblum Law Today
As you can see, it is important to seek legal help when you have caused an accident while driving on a suspended license. It is equally important to act quickly to protect your rights and minimize penalties.
Rosenblum Law attorneys are experienced in handling at-fault accidents involving a suspended license. Contact us today for a free consultation.
