Driving Without a License in New Jersey

New Jersey Statute 39:3-10 is commonly divided into two parts, referred to as sections A and B even though the statute itself doesn’t have those components.  This question deals with the second part, never having had a license.  This is commonly given to immigrants who can’t be issued a New Jersey license.  This law was issued when foreigners could get a license in New Jersey.  So the law doesn’t define what having a “license” means.  It is for that reason that some Municipal Court Judges will accept a license from outside the U.S. You face a maximum fine of $541, possible surcharge of $100 for three years, 15 days in jail, and loss of license (or the opportunity to get a license) for 180 days. The more often you are convicted of this charge the more likely you will go to jail.

What Does This Mean for Immigrants?

If you are charged with driving without a driver’s license in New Jersey and you have never been licensed to drive in New Jersey, you could have serious problems if you are an undocumented immigrant. Any encounter with law enforcement may result in your detention and removal. Even if you are not arrested, you will still have court appearances that you will need to attend. Whatever you do, don’t miss your court date. Contact us right away. We are happy to discuss your options and alternatives. There is no charge for the initial consultation.