NJ SCHOOL ZONE DWI
DWI Penalties: Understanding School Zone DWI in Atlantic County, New Jersey with Spodek Law Group
Driving while intoxicated (DWI) is a severe offense that attracts severe penalties. However, the stakes may be raised further when DWI occurs within 1,000 feet of a school property. This is commonly known as school zone DWI and comes with enhanced penalties. In Atlantic County alone, there exist ten municipalities and thirteen school districts, making school zones prevalent almost around every corner. Spodek Law Group understands how municipalities apply New Jersey’s DWI laws intricately to help you get out of the situation with minimal consequences.
What is School Zone DWI in New Jersey?
According to N.J.S.A. 39:4-50(a), operating a vehicle within 1,000 feet of an elementary or secondary school constitutes a school zone DWI. If the defendant drove through a school crossing or in proximity to one without official designation by the municipality during the offense’s occurrence, penalties could increase even further. In case juveniles were present at the time of the infringement, it would also qualify as school crossing DWIs.
What Penalties Come With School Zone DWIs in Union City NJ?
In case of conviction for driving while intoxicated within a New Jersey school zone or its vicinity, defendants can expect twice the severe punishment than that imposed on standard DWIs convictions in Atlantic County NJ. For first-time offenders, fines range between $606 to $1,006 alongside mandatory jail time not exceeding sixty daysadditionally; first-time offenders face license suspension for one to two years.
For second offenses committed under enhanced sanctions legislation requirements include increased fine ranging from $1006 to $2006 alongside mandatory community service lasting not less than sixty days nor exceeding three hundred and sixty hours and thirty days if their BAC was between 0.08% – 0.10%. Offenders should expect a minimum mandatory jail sentence ranging between ninety-six (96) hours and 180 days. License suspension is also enforced for at least four (4) years.
While third-time offenders face a minimum fine of $2,006 alongside mandatory 180-day jail time and an additional mandatory suspension of license lasting twenty years. This sentence follows after the completion of any prison term imposed.
Additional Enhancements
The state takes school zone DWIs seriously, adding extra qualifications to trigger enhanced penalties for driving through nondesignated school crossings while under alcohol influence over 0.08%. Under N.J.S.A.39:4-50(g)(3), prosecutors ought to prove more elements required by law to merit further punishment, including instances where the defendant drove through a school crossing knowing or should have been aware of the presence of juveniles. It’s essential to note that the statute’s provisions apply not only to students but all minors in general.
Do I need a DWI Defense Attorney in New Jersey?
At Spodek Law Group, we offer a free consultation for anyone facing DWI charges in New Jersey. Our criminal defense lawyers have vast knowledge and expertise, providing criminal defense service in various types of cases, including DWIs. We understand how complex law around driving laws can be confusing; thus, we evaluate them with crystal clear accuracy so you can better understand your options and provide a strong defense on your behalf aggressively.
Contact us today for consultation with one of our licensed attorneys if you are facing first, second, or repeat offense charges.
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