Morris Township NJ Drunk Driving (DWI) Lawyers
Criminal trial lawyers represent clients charged with driving while intoxicated (DWI), refusal to submit to a breath test, and driving under the influence of drugs (DUI) in Parsippany, Rockaway, Harding, and Chatham. Contact our experienced criminal defense lawyers anytime for a free initial consultation at (973)971-0030. With offices located in Morristown and Parsippany, our criminal defense attorneys represent clients throughout Morris County on a daily basis. Our criminal trial team has over 100 years of experience representing clients throughout New Jersey. In fact, several of our attorneys are certified in Standardized Field Sobriety Testing ("SFST"), the tests police use to make an arrest. Three (3) of our attorneys are certified instructors in Standard Field Sobriety Testing. Our attorneys are also certified by Draeger Industries in the operation and maintenance of the Alcotest 7110, the breath test device used by police to measure blood alcohol content ("BAC"). As you can see, our attorneys have extensive experience in handling drunk driving cases in New Jersey.
Driving while Intoxicated (DWI) in a School Zone: N.J.S. 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 DWI in School Zone in New Jersey
As the above statute details, the penalties for DWI in a School Zone are as follows:
First Offense:
- License Suspension: One (1) to Two (2) years
- Jail: Up to sixty (60) days
- Intoxicated Driver Resource Center (IDRC): 12 to 48 hours
- Fine: $500.00 to $800.00
Second Offense:
- 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:
- 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 a school zone offenses.
For immediate assistance with your drunk driving case, please contact any of our offices for immediate assistance at (973)971-0030.
