New Jersey Section 2C:40-22 – Penalty for causing death or injury while driving in violation of R.S.39:3-40 or unlicensed.

 

Driving Without a License in New Jersey: Consequences and Penalties

Getting behind the wheel without a valid driver’s license is illegal in New Jersey, as it is in every state. But the penalties for driving without a license, or driving with a suspended license, can be much more severe in the Garden State than elsewhere. A new law, Section 2C:40-22 of the New Jersey code, imposes strict punishments on unlicensed drivers who cause injury or death in an accident. Let’s take a closer look at the law, its background, and what it means for unlicensed drivers in NJ.

The Law: Section 2C:40-22

Section 2C:40-22 is a relatively new law in New Jersey, having gone into effect in 2019. It states that any driver who causes bodily injury or death while driving without a valid license, or while their license is suspended or revoked, will face the following penalties:

• For causing bodily injury – Fine of $500 to $5,000, up to 18 months in prison, and license suspension of 1-2 years
• For causing death – Fine of $1,000 to $10,000, imprisonment of 3-5 years, and license suspension of 1-2 years

In other words, unlicensed drivers who hurt or kill someone in an accident now face fines, jail time, and an extended license suspension. The law treats driving without a license as seriously as drunk driving when someone is injured or killed.

The Background: A Tragic Crash

Section 2C:40-22 was passed in response to a heartbreaking fatal crash in 2018. In July of that year, a driver with a suspended license was speeding and ran a red light in Lindenwold, NJ, crashing into another car. The accident killed a young mother and severely injured her husband and two children.

The unlicensed driver responsible faced a $500 fine and a 1-year license suspension – relatively minor penalties. This outraged the victims’ family and the community. They argued the punishment did not fit the crime of taking a life while driving illegally.

In response, local legislators proposed Section 2C:40-22. They wanted to crack down on unlicensed driving that results in injury or death. The law passed with bipartisan support and took effect in August 2019. It represented a major increase in penalties for drivers like the one involved in the Lindenwold crash.

Defenses for the Accused

Those charged under Section 2C:40-22 do have some legal defenses available. A knowledgeable traffic lawyer can argue the driver did possess a valid license at the time of the accident. They may claim mistaken identity, or that the license suspension was improper and should not have been in effect.

It may also be possible to dispute the prosecution’s account of who caused the accident. The defense may argue factors like weather, road conditions, or the victim’s own negligence were primarily responsible.

In rare cases, sentencing departures may be secured by demonstrating exceptional circumstances. However, the law imposes a mandatory license suspension regardless of sentence reduction. Those accused under 2C:40-22 should explore all their legal options with an attorney.