NEW JERSEY CRIMINAL LAWYERS

NJ REFUSAL IN A SCHOOL ZONE

Refusing a Breath Test in NJ School Zone: Consequences You Should Know

Driving in New Jersey is certainly a privilege but it also comes with certain obligations. One of which is the implicit consent to be administered a breath test to determine the blood alcohol content (BAC) of the driver suspected of driving under the influence (DUI) of drugs or alcohol. Refusal to take the breath test is considered as a direct violation of New Jersey laws, and its consequences can be quite serious.

Police officers are only authorized to administer an Alcotest when they have reasonable belief that the driver is driving under the influence of intoxicants while operating his motor vehicle on New Jersey roads. Driving while intoxicated offenses such as refusal to submit to a breath test in a school zone come with severe consequences that might impact different areas of one’s life negatively, including educational opportunities and employment prospects. In this article, we will dive deep into everything you need to know about refusing breath tests in school zones, including the penalties for violating these laws.

Todd Spodek Law Firm: Experienced Attorneys

If you or your loved ones face charges for refusing at charging stations within school zones, it is essential that you contact experienced criminal defense attorneys as soon as possible. We at Todd Spodek Law Firm guarantee exceptional legal assistance through our knowledgeable team who has dedicated themselves to serving clients statewide successfully.

Our law firm comprises several seasoned attorneys who have handled countless DUI cases over decades across various locations in NJ, which include Camden County, Winslow Township Cherry Hill, Gloucester City, Gloucester Township, and Haddonfield. Our team members include five Alcotest certified attorneys; two lawyers who are certified instructors in Standardized Field Sobriety Testing (SFST), and former DWI/DUI prosecutors in more than 20 municipalities across NJ.

Apart from these qualifications mentioned above, our firm has achieved numerous successes in handling thousands of N.J.S.A. 39:4-50 and 39:4-50.4 charges successfully in Camden, Pennsauken, Gloucester Township, Winslow, and other local towns over the last several decades. So if you require a trustworthy lawyer who can help you get an acquittal or dismissal of your case, contact our office at the Todd Spodek Law Group today. We offer a free initial consultation to ensure we can commence an immediate defensive strategy as soon as possible when you call us at 212-300-5196.

Understanding Refusal to Submit Breath Test in School Zone

The law governing breath tests within the school zones is found under N.J.S.A. 39:50.4a which states that:

1. Refusing to submit to an Alcotest on any property designated exclusively for school purposes or within 1000ft of such institution
2. Driving through a school crossing
3. Operating a vehicle in areas where juveniles are present, which might not be officially designated as crossings by local authorities.

It should also be noted that the penalties for refusing to take up the breathalyzer test vary depending on whether it is your first offense or subsequent ones.

Penalties for Tet Refusal in School Zones

The repercussions of declining to take breath tests within school zones are determined based on whether it is your first, second, or third violation and are as follows:

First Offense:
A fine ranging from $600-$1,000; License suspension for anywhere between one or two years; Intoxicated Driver Resource Center (IDRC) usually required to attend for anything between 12-48 hours; Ignition interlock required within six months to one year.

Second Offense:
Fines ranging from $1,000-$2,000; License suspension period for four years; Usually 48 hours at IDRC needed (like during an arrest in intoxicated driving cases); ignition interlock needed within six months to one year, varying depending on driver’s BAC.

Third Offense:
A $2,000 fine is levied; Twenty-year license suspension time period; Length of IDRC program depends on the case at hand; Ignition interlock required within one to three years outlined based on the driver’s BAC.

Our Consistency Team at Todd Spodek Law Group

At our law firm, we include a specially retired State trooper with certifications as an operator of Alcotest 7110 device and experience in field sobriety testing. He reviews every evidence file, including police reports, videos/documents drafted, etc. against the state’s evidence at trial to determine how he can use them during defense or refute arguments made by prosecutors. He’s also capable of testifying as a professional for the defense when necessary to get desirable results.

Camden NJ DWI Refusal Lawyer

If you require competent lawyers with years of experience in criminal defense legal specialties such as DUI and related offenses across NJ, we are the perfect fit for you! Our criminal defense team is always willing to support you and formulate effective strategies quickly and aggressively protects its clients against refusal charges regarding breath tests in New Jersey school zones. Call us today at 212-300-5196 for your free initial consultation about your case!