N.J. Statute 2C:40-26 (Operating a Motor Vehicle During a Period of License Suspension)
Driving with a suspended license in New Jersey is a big deal. If a person is caught driving with a suspended license, he faces serious consequences, particularly when the license was suspended following the conviction of a specific offense, such as driving while impaired/driving under the influence. At the Law Office of Matthew V. Portella, LLC, our New Jersey DWI defense attorney can help you if you’re facing charges under New Jersey Statute Section 2C:40-26 – Operating Motor Vehicle During Period of License Suspension, Fourth-Degree Crime. Call our law firm directly today at (856) 310-9800 to learn more about how we can help.
The Statute: Section 2C:40-26 of New Jersey Code of Criminal Justice
As found in Section 2C:40-26 of the New Jersey Code of Criminal Justice, operating a motor vehicle during a time of license suspension is a crime. Specifically, the statute states that operating a motor vehicle during a time of license suspension will be a fourth-degree crime when the actor’s license was originally suspended or revoked for as a result of a drunk driving conviction.
Penalties for a Violation of Statute 2C:40-26
If a person is convicted of driving with a license that was suspended following the conviction of a second or subsequent DUI/DWI charge, they will face a prison term of up to 18 months with a mandatory minimum term imprisonment of 180 days, a penalty that has been upheld by the Superior Court of New Jersey – Appellate Division as constitutional. The mandatory minimum jail sentence means that going to jail for six months is not optional or debatable – there will be no early release through parole. In addition, unlike some other jail sentences that follow alcohol-related crimes, the 180-day jail sentence cannot be served or reduced by attending a substance abuse or another alcohol education or treatment program. In other words, if you are convicted of operating a motor vehicle during a period of license suspension under New Jersey Statute 2C:40-26, going to jail for 180 days is inevitable. It is a violation of the statute for driving on the suspended list a Second time for a first offense conviction of DWI.
You Need a Skilled Criminal Defense Lawyer on Your Side
The risk of a mandatory minimum jail sentence if you are arrested and charged with driving with a suspended license following a DWI/DUI conviction is very real. If you are facing this charge, the first thing that you should do is consult with an attorney who can help you to protect yourself against the worst-case outcome. At the Law Office of Matthew V. Portella, LLC, our experienced lawyer will work hard to review the prosecution’s evidence against you, help you to build a defense, and ensure that your rights as a defendant in the criminal justice system are upheld.
Call Our NJ Criminal Defense Attorney Today
For a consultation with Attorney Matthew V. Portella and an overview of your options and what you can do to protect yourself, please call our law office directly or send our experienced New Jersey criminal defense lawyer a message online at your convenience. Take action as soon as possible after being arrested and charged to protect yourself, your rights, and your freedom!