Fines and Penalties for NJSA 39:3-40
1st Offense
– $500 fine, and
– driver’s license suspension not to exceed 6 months
2nd Offense
– $750 fine, and
– driver’s license suspension not to exceed 6 months, and
– imprisonment not more than 5 days, and
– if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)
3rd or Subsequent Offense
– $1000 fine, and
– driver’s license suspension not to exceed 6 months, and
– imprisonment for 10 days, and
– if 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)
Note: For all offenses under this statute that involve an accident resulting in personal injury to another, the court is required to impose a period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e). If the accident results in the death of another person, then the defendant shall be guilty of a crime of the third degree and the defendant’s driver’s license shall be suspended for an additional period of one year. If the accident results in serious bodily injury to another person, then the defendant shall be guilty of a crime of the fourth degree and the defendant’s driver’s license shall be suspended for an additional period of one year.
Updated 1/15/2012