Legal Question in Traffic Law in New Jersey

I live in NJ. My license was suspended for unpaid parking tickets. I paid the tickets and the restoration fee online. The next day I was pulled over and given a ticket for driving on a suspended license because my payments were not updated in the system yet. What can I do to avoid penalties and what are the penalties? Should I get a lawyer?


Asked on 3/24/11, 10:02 pm

2 Answers from Attorneys

Barry Kozyra Kozyra & Hartz, LLC

I have had this issue before. If you can get the records from DMV and your payment proof a Court can vacate the new charges.

You have to be careful to have good, admissible proofs on the issue which you can develop yourself or have a lawyer present.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.

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Answered on 3/25/11, 8:58 am
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

even though you paid the tickets and restoration fee on line, you license was not actually restored. You are suppose to receive notice from the N J Motor Vehicle Commission that your license has been restored before you can officially drive again. Since you paid the tickets, you definately want to go to Court to explain to the Prosecutor that you were only suspended for tickets and that they were paid. You also want to bring all your documentation to show that the tickets were paid. Although the prosecutor may offer you what is know as a 340 (i) which is a subsection of the Driving while suspended statute concerning parking tickets, and you would only pay a $100.00 fine, it would be better if the Prosecutor would agree to amend the Driving While Suspended to a downgrade that only carries a fine and no insurance points. There are no motor vehicle points with this offense, but your insurance company will assess insurance points. It would obviously help to have proof that the restoration fee was paid as well. Question is would the prosecutor agree to amend your summons to a better alternative than just a subsection (i) without the help of a lawyer? I do not have an Answer, but you could try on your own. Normally a first time conviction for Driving while suspended carries a minimum fine of $500.00 and a potential suspension of your license between 1 day and six months. A second or third conviction carries a higher fine and jail time so obviously if you have been convicted of Driving while suspended in the past, you will want to get a lawyer. Again my advise is general so if you have any further questions please feel free to contact me, I never charge a fee to merely speak to someone about their case. (201)-894-9498,

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Answered on 3/26/11, 8:09 pm


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