Q: Is a 39:3-40 violation worth fighting or will a lawyer be too expensive. Suspension was for uninsured old car I junked
I was unaware I was suspended but that was only due to me not checking my mail in time. I took all the necessary steps to restore everything, but I am concerned about point penalties and my driving privilege being revoked
A: Are you restored now? 3-40 is a very serious charge especially if the underlying suspension was due to no insurance. If you have been restored, it can be reduced to a less serious violation relatively easily with a fine (and possible surcharge) only. If not, you may need to get a lawyer and gear up. How a 3-40 charge is treated heavily depends on the personality/policy of the municipal prosecutor (and the judge). You may want to retain a counsel who will not only negotiate a plea but also prepare for a serious fight for your case (starting from asking for every single discovery concerning your suspension by the DMV or administrative suspension).
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