DWI in a School Zone: N.J.S.A. 39:4-50(g)

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Belleville NJ DWI in a School Zone

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New Jersey DWI in a School Zone
DWI in a School Zone

Being charged with drunk driving in a school zone certainly doesn’t make you a bad person. You might not have even known that you were driving in a school zone at the time. Unfortunately, DWI in a school zone is a strict liability offense, which means that your intent doesn’t matter; you can be found guilty simply by virtue of being impaired while operating a motor vehicle within 1,000 feet of a school. Worse yet, NJ prosecutors interpret the law very broadly so that practically any area can be considered a school or a school zone.

The Tormey Law Firm is a team of DWI defense lawyers that understands how important it is for you to avoid getting a drunk driving conviction on your record. We have handled thousands of DWI cases in New Jersey, including Bloomfield, Montclair, and everywhere else in Essex County. The firm’s founding partner, Travis J. Tormey, is a certified DWI Alcotest 7110 operator, which means that he knows how to challenge the evidence in your case. Additionally, our DWI team includes a former county and municipal prosecutor who understands how NJ prosecutors build their cases.

Call the Tormey Law Firm

If you’ve been charged with a DWI offense such as DWI in a School Zone or Refusal in a School Zone, it is imperative that you speak with an experienced DWI lawyer immediately. Our experience in the courtroom has translated into a track record of success in DWI cases. Call the Tormey Law Firm today at 201-654-3464 to get a winning DWI lawyer on your side.

DWI in an NJ School Zone Law: N.J.S.A. 39:4-50(g)

N.J.S.A. 39:4-50(g) classifies Driving While Intoxicated in a School Zone as a strict liability offense. As a result, it won’t matter that you did not realize you were in a school zone at the time of the offense. Additionally, the scope of the statute is far-reaching; a “school zone” is defined as:

  1. Any elementary or secondary school property used for school purposes
  2. Any area within 1,000 feet of elementary or secondary school property
  3. An officially designated school crossing
  4. Any area where juveniles are present and crossing

Penalties for DWI in an Essex County School Zone

Anyone caught driving with a blood alcohol concentration (BAC) of .08 percent or higher faces significant penalties, including jail time and loss of driving privileges in the State of New Jersey. If the violation occurred in a school zone, the penalties may be enhanced:

First Offense in a School Zone:

  • Jail: Up to 60 days
  • Driver’s License Suspension: 1–2 years
  • Ignition Interlock Device: Mandatory installation on all motor vehicles for 6 months–1 year after restoration of license if the driver’s blood alcohol concentration (BAC) was .10 percent or higher
  • Alcohol Education Classes: 12–48 hours at the Intoxicated Driver Resource Center (IDRC)
  • Fine: $500–$800
  • NJ Motor Vehicle Commission (MVC) Surcharges: $3,000 over a 3-year period

Second Offense in a School Zone:

  • Jail: 4–180 days
  • Driver’s License Suspension: 4 years
  • Ignition Interlock Device: Mandatory installation on all motor vehicles for 1–3 years following restoration of driving privileges
  • Alcohol Education Classes: Attendance at IDRC classes, as needed according to treatment classification
  • Fine: $1,000–$2,000
  • MVC Surcharges: $3,000 over 3 years

Third Offense in a School Zone:

  • Jail: Mandatory sentence of 180 days
  • Driver’s License Suspension: 20 years
  • Ignition Interlock Device: Mandatory installation on all motor vehicles for 1–3 years after restoration of license
  • Alcohol Education Classes: Attendance at IDRC classes, as needed according to treatment classification
  • Fine: $2,000
  • MVC Surcharges: $4,500 over 3 years

Free Consultation with a Millburn DUI Lawyer

The Tormey Law Firm’s drunk driving defense team is prepared to build a strong defense to your DWI in a School Zone charges and help you maintain your driver’s license. Call us today at 201-654-3464, or fill out the online contact form to schedule a meeting at our office in Newark.

What our clients say about us

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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Our NJ lawyers represent clients in Belleville, Bloomfield, Caldwell, Cedar Grove, City of Orange, East Orange, Essex Fells, Fairfield, Glen Ridge, Irvington, Livingston, Maplewood, Millburn, Short Hills, Montclair, Upper Montclair, Newark, North Caldwell, Nutley, Roseland, South Orange Village, Verona, West Caldwell, West Orange, Wayne, Clifton and Paterson. Call us at 201-654-3464 or toll-free at 888-668-1940.


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