Woodland Park NJ DWI in a School Zone Defense Attorney
DWI Defense Lawyer Serving Clients in Passaic County, New Jersey
If you or a loved one has been charged with drunk driving in a school zone in New Jersey, you should speak to an experienced DWI defense lawyer. Even a first offense DWI in a school zone charge can result in jail time and long-term suspension of your driver’s license, in addition to other penalties outlined below.
Alissa D. Hascup is a skilled and experienced criminal defense attorney. She has successfully defended countless clients who have been charged with alcohol-related offenses, including DWI in a school zone, underage DWI, and refusal to take a breath test in Passaic, Woodland Park, Little Falls, and Paterson. Ms. Hascup has extensive experience in the courtroom as both a defense attorney and a DWI prosecutor. Her unique knowledge of DWI defense in New Jersey has enabled her to develop advanced defense strategies that she can use to help you beat your DWI charges.
Ms. Hascup is a former municipal prosecutor who regularly handled DWI trials. This gives her a major advantage in the courtroom because she understands how the other side thinks and can anticipate the prosecution’s arguments in your case.
Contact the Law Offices of Alissa Hascup, LLC today for a free consultation about your DWI in a school zone case. Please keep reading this page for more information about DWI in a school zone penalties.
Drunk Driving in a School Zone in New Jersey: N.J.S.A. 39:4-50(g)
When a drunk-driving offense occurs within 1,000 feet of school property, the court can impose enhanced penalties. DWI in a school zone is governed by N.J.S.A. 39:4-50(g), which provides, in pertinent part, that:
When a violation of this section occurs while (1) on any school property used for school purposes, or within 1,000 feet of such school property, or (2) driving through a school crossing, 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, 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 in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have his license to operate a motor vehicle suspended for a period of 20 years.
It shall not be relevant to the imposition of sentence 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 New Jersey School Zone
First Offense DWI in a School Zone:
- Jail Time: A sentence of up to 60 days in jail.
- Suspension of Driver’s License: Loss of driver’s license for a period of between one (1) year and two (2) years.
- Fines: Up to $800.00 in fines, including court costs and fees.
- Intoxicated Driver Resource Center (IDRC): Required to spend between 12 and 48 hours attending an intensive alcohol education program at the IDRC. Failure to comply with the IDRC attendance requirements can result in additional jail time.
- Ignition Interlock Device: If driver’s blood alcohol content (BAC) is less than .15%, the court may require driver to install an ignition interlock device on car for a period of between six (6) months and one (1) year. If driver’s BAC is .15% or higher, installation of ignition interlock device is mandatory. This is a device that makes it impossible to start the car without first providing a clean breath test sample.
Second Offense DWI in a School Zone:
If the first DWI offense occurred in a school zone, then enhanced penalties will apply to a second DWI offense in a school zone.
- Jail Time: Mandatory sentence of four (4) days in county jail, with the potential for a sentence of up to six (6) months in county jail.
- Suspension of Driver’s License: Loss of driver’s license for four (4) years.
- Fines: Fines totaling between $1,000.00 and $2,000.00.
- Ignition Interlock Device: Required to install an ignition interlock device on car for a period of between one (1) year and three (3) years.
Third Offense DWI in a School Zone:
If both the first and second DWI offenses occurred in school zones, then enhanced penalties will apply to a third DWI offense occurring in a school zone.
- Jail Time: Mandatory sentence of six (6) months in jail.
- Suspension of Driver’s License: Loss of driver’s license for 20 years.
- Fines: Fines totaling $2,000.00.
- IDRC: Determined on a case-by-case basis according to treatment classification.
- Ignition Interlock Device: Mandatory installation of an ignition interlock device on car for a period of between one (1) year and three (3) years.
Speak with a Clifton NJ Drunk Driving Defense Attorney Today
If you’ve been charged with DWI in a school zone, call or email Alissa D. Hascup today for a free consultation about your case. She is prepared to look over your file and formulate a strategy to potentially get your DWI case dismissed.