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"Unlicensed Driver; N.J.S.A. 39:3-10(b)"An unlicensed driver is prohibited from driving in the state of New Jersey. This charge is typically given to foreigners who are unable to meet New Jersey driver license eligibility requirement due to pending or rejected petitions with the INS - Immigration and Naturalization Service. The second most common group of defendants under this statute are residents new to New Jersey who are unable to pass at least one of the tests administered by New Jersey Motor Vehicle prior to the issuance of a driver's license. Exposure An individual who is convicted of driving a vehicle in South River, New Jersey, for instance, without ever being licensed may be precluded from obtaining a drivers license for at least six months when he or she becomes eligible to obtain a license. Additionally, a person charged with such a violation faces up to $500 in fines. Defendants charged under this statute are also exposed to 60 days of incarceration although courts would only consider exercising such extreme discretion in the event of a serious motor vehicle accident caused by the unlicensed driver. If the charge is merely for driving with an expired license N.J.S.A. 39:3-10(a) the courts generally impose a fine of up to $500. However, New Jersey State Motor Vehicle Commission may charge a $100 surcharge per year for three years for driving with an expired license. Defenses and Strategy New Jersey traffic attorney has a foreign client produce a license from his or her home country to show to the prosecutor and Judge so that the charge may be dismissed pursuant to the New Jersey Administrative Code or in worst case scenario downgraded to driving with an expired license. Defendants who did not pass the license test(s), New Jersey traffic lawyer attempts to enter into a possible downgrade on their behalf to N.J.S.A. 39:3-17 - Expired Touring Privileges - or in the alternative to N.J.S.A. 39:3-29 - Failure to Exhibit License - where surcharges by Motor Vehicle are avoided.
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