Dover School Zone DWI Lawyer Near Me
Local DUI in a School Zone Defense Attorneys in Morris County, New Jersey
New Jersey DWI (Driving While Intoxicated) charges are serious. Being arrested for a DWI will leave you with an entry on your NJ Motor Vehicle Commission (MVC) driver’s abstract, which can result in increased insurance premiums that last long after your case is resolved. In addition, a conviction for DWI can lead to heavy fines, loss of your driver’s license, and even jail time. Unbeknownst to many, the consequences of DWI in a school zone are even more severe than those associated with typical DWI charges. In fact, the minimum period of license suspension for a school zone DUI is one year. The Tormey Law Firm is a team of highly experienced DWI defense lawyers who represent clients charged with DWI throughout Morris County including in Denville, Florham Park, Dover, Rockaway, Madison, and Chatham. We have represented thousands of clients charged with alcohol-related offenses ranging from refusal to submit to a breath test, to DWI in a school zone, and underage DWI. In fact, one of our attorneys is a certified DWI Alcotest 7110 operator in New Jersey, while another is a certified Field Sobriety Instructor. This experience allows us to attack the facts of your case and develop a comprehensive defense strategy to prevail in court. If you are facing charges for DWI in a school zone in Morris County, contact our Morristown offices anytime for a free initial consultation at (908) 336-5008.
Driving While Intoxicated in a School Zone: N.J.S.A. 39:4-50(g)
A drunk driving offense has enhanced penalties if it is committed within 1000 feet of school property. This violation is governed by N.J.S.A. 39:4-50(g) which provides in pertinent part:
(g) When a violation of this section occurs while:
(1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(2) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(3) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of not less than four years; and, for a third offense, be fined $2,000, imprisoned for 180 days and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c. 101 (C.2C:35-7) may be used in a prosecution under paragraph (1) of this subsection.
It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
Penalties for DWI in a School Zone in New Jersey
As the above statute details, the penalties for DWI in a School Zone are as follows:
First Offense DWI in a School Zone:
- License Suspension: One (1) to Two (2) years
- Jail: Up to 60 days
- Intoxicated Driver Resource Center (IDRC): 12 to 48 hours
- Fine: $500.00 to $800.00
Second Offense DWI in a School Zone:
- License Suspension: Four (4) years
- Jail: Four (4) days to 180 days (90 days of which can be served through community service)
- Intoxicated Driver Resource Center (IDRC): As needed according to treatment classification
- Fine: $1,000.00 to $2,000.00
Note: To impose these enhanced penalties, the first offense must have been a school zone offense.
Third Offense DWI in a School Zone:
- License Suspension: Twenty (20) years
- Jail: 180 days (up to 90 days can be served at an inpatient program approved by the IDRC)
- Intoxicated Driver Resource Center (IDRC): As needed according to treatment classification
- Fine: $2,000.00
Note: To impose these enhanced penalties, the first and second offenses must have been school zone offenses.
Call a Local Mendham School Zone DUI Lawyer Today
Our experienced DWI defense lawyers are available immediately to assist you with your DWI case in Morris County or elsewhere in New Jersey. Contact our Morristown offices anytime for a free initial consultation at (908) 336-5008. One of our Morris County DUI attorneys will provide the answers you need to move forward with confidence.
