The Law Office of Jennifer Marshall, Esq

Driving While Suspended a 4th Degree Crime, 2C:40-27

There has been a growing trend of people being charged with a 4th degree Driving While Suspended. This means what use to be a municipal court matter now becomes a superior court indictable offense. If you or someone you know has been caught driving while suspended and he/she lost their license due to a DWI or refusal, they could be facing 180 days in jail.

In NJ the 180 days in jail is mandatory if you are charged with a violation of 2C:40-26. Many people are rightly upset over the mandatory jail term. The growing trend with courts is that there is no sentencing alternative to jail time if convicted. As an attorney it is my job to find alternatives to incarceration. The charge is relatively new law and still needs to be challenged. Our office will fight for your rights. The Pre-trial Intervention Program is a sentencing options that many attorneys have tried. With the right advocate the Court could be swayed to consider a punishment that does not involve jail. What happens in your case depends on the facts, the law and your advocate. Give us a call today for a consultation to discuss your case.