Legal Question in Traffic Law in New Jersey

driving while suspended for refusal to submit

Is the penalty for driving with a suspended license because of a refusal to sumit to a chemical test the same as that of driving while suspended on a DWI? Is the jail sentence mandatory or is it at the discretion of the court?


Asked on 11/23/05, 4:35 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: driving while suspended for refusal to submit

The section of the New Jersey Law covering this is N.J.S. 39:4-50.4a. If this is a first offense, then the loss of license is the same period of time as for the DWI conviction itself,or between seven months and one year. If this is a first offense,then this loss of license can be run at the same time as the loss of license for the DWI. If it is a second or third conviction for DWI, then the loss of license for the refusal is IN ADDITION TO the loss of license for the DWI itself. I am an attorney who has handled many cases similar to yours in various courts in New Jersey in the past. Please contact me if you would like to discuss this in more detail. There is never any charge for simply talking to me about a case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 11/25/05, 9:25 am
Gary Moore Gary Moore Attorney At Law

Re: driving while suspended for refusal to submit

The penalty is the same and the jail sentence must be no less than ten days and no more than 90 days. You should hire an attorney or at least consult with one to see if there is some means of escaping the charge such an unlawful search and seizure.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/23/05, 5:12 pm


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