Driving while suspended under N.J.S.A. 39:3-40 adds no license points — but don’t let that fool you. It carries heavy fines, an extended suspension on top of your current one, and on repeat or aggravated offenses, possible jail. It’s one of the most consequential “no-point” tickets in New Jersey.
Points for Driving While Suspended in NJ
| Violation | License Points |
|---|---|
| License points | 0 points |
| Additional license suspension | Yes |
| Possible jail (repeat/aggravated) | Yes |
Point values from the official New Jersey MVC point schedule. New Jersey adds points to your license when you’re convicted — and paying a ticket by mail counts as a guilty plea.
What N.J.S.A. 39:3-40 Actually Covers
N.J.S.A. 39:3-40 makes it an offense to drive while your license or registration is suspended or revoked. It carries no points only because the penalty structure is built around suspensions and fines instead — and those penalties stack with each conviction. An aggravated case (for example, driving suspended after a DWI suspension, or causing injury) raises the exposure significantly, including mandatory jail in some situations.
Why the Points Matter
Points stack across tickets and follow you. In New Jersey, reaching 6 points on your record within three years triggers an annual state surcharge, and 12 points triggers a license suspension. Points can also raise your insurance for years. You can knock 3 points off after a year with no violations, and 2 more by completing an approved driver-improvement course — but the conviction itself stays on your history. That’s why keeping points off in the first place is almost always cheaper than paying the ticket and dealing with the fallout.
Can You Beat Driving While Suspended?
A 39:3-40 charge is about consequences, not points, so the defense focuses on the suspension itself: whether you had actual notice that your license was suspended, whether the suspension was even valid, and whether the State can prove you were the driver. Resolving the underlying suspension and avoiding the extended-suspension-and-jail cascade is the goal. This is not a ticket to mail in — call first.
Frequently Asked Questions
How many points is driving while suspended in NJ?
Zero points under N.J.S.A. 39:3-40 — but it carries fines, an additional license suspension, and possible jail on repeat or aggravated offenses, so it's more serious than the point count suggests.
Can I go to jail for driving while suspended in NJ?
On certain repeat or aggravated offenses, jail is possible — including mandatory minimums in some situations, such as driving on a DWI-related suspension. That's why these charges should be handled by a lawyer.
What's the best defense to a 39:3-40 charge?
Common defenses include lack of notice of the suspension, an invalid suspension, or identity. The goal is to limit the penalties and resolve the underlying suspension. Every case is different — start with a free review.
Related: use the free NJ traffic points calculator to total your points, or read more about fighting a New Jersey traffic ticket. This page is general information, not legal advice — every case turns on its own facts, and prior results don’t guarantee a similar outcome.