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DWI in a School Zone

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Paramus DWI in a School Zone Defense Attorneys 

Bergen County Drunk Driving Defense Lawyers 

Arrested DWI School Zone Bergen County NJ Help
DWI School Zone Charge Bergen County

An alcohol-related offense such as a DWI in a school zone can spell catastrophic consequences for you and those you love. The attorneys at The Tormey Law Firm have been representing clients charged with these offenses in Bergen County and throughout New Jersey for years, accumulating a lengthy list of successes in courts across the state. With extensive experience combating charges such as drug DWI, Refusal in a School Zone and underage DWI in towns including Lodi, Lyndhurst, and Garfield, we have developed specifically-formulated defense strategies to defeat a host of driving under the influence offenses. Travis J. Tormey, the firm’s founding partner, is one of a few New Jersey attorneys who is a certified Alcotest 7110 operator, the breath testing device used throughout the state to prosecute drunk driving cases. As such, Mr. Tormey understands the components of the machine, how it works, and can identify any issues with the functioning of the breath testing device. This knowledge and expertise can be used to attack the reliability of the breath test result in your case and may ultimately lead to the dismissal of your charges.

With offices conveniently located in Hackensack, in the heart of Bergen County, Mr. Tormey and his team of knowledgeable trial lawyers are available immediately to assist you at (201)-330-4979. The initial consultation is always provided free of charge. Also, check out Mr. Tormey’s in-depth video series about DWI charges in New Jersey on YouTube.

DWI in a School Zone in New Jersey: 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. 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 Drunk Driving 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:

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 the Tormey Law Firm in Hackensack, NJ to Discuss Your DWI Case 

For additional information about your DWI charges in New Jersey, contact the offices of The Tormey Law Firm anytime at (201)-330-4979, or use our online contact form. Our Hackensack office is conveniently located in the heart of Bergen County, just steps from the Hackensack Municipal Court and Bergen County Superior Court. One of our drunk-driving defense attorneys will be happy to discuss your case over the phone or to schedule an appointment to meet with you in person.

Hear From Those Who Know

Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

Jon

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NJ Criminal Law Video Library

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.