DWI/DUI in a School Zone Attorneys Passaic County, NJ
Defending Clients Across Paterson, Wayne, Clifton, West Milford, Woodland Park, Little Falls and Passaic County
Driving While Intoxicated (DWI) charges are very serious in New Jersey. When that DWI or DUI occurs on or near a school property (considered a school zone), the consequences can be even more severe including increased fines, jail time, and a suspended license. In fact, being considered “near” a school property extends as far as 1,000 feet in any direction from such a school property.
In many cases, offenders have no idea that they were near a school, but that is not a viable defense against being charged with DWI in a school zone. If you have been charged with Driving While Intoxicated in a School Zone, or any other DWI/DUI offense, it is vital that you retain the services of a knowledgeable defense attorney.
At The Law Office of Del Sardo & Montanari, we have extensive experience securing reduced or dismissed charges for clients facing DWI and DUI charges in New Jersey towns including Paterson, West Milford, Clifton, Wayne, Little Falls, Woodland Park and the greater Passaic County area. We understand that these are life altering charges and will work with you on a personal level to understand the details of your case in order to form a strong legal defense.
Call our office today to speak with a member of our legal defense team to discuss your DWI in a School Zone charges in a free and confidential consultation.
DWI/DUI in School Zone N.J.S.A. 39:4-50(g): Clifton, NJ DWI/DUI Defense Lawyers
Pursuant to New Jersey Revised Statutes Section 39:4-50(g) Driving While Intoxicated, an offender is considered guilty of driving while intoxicated in a school zone if he or she does the following.
- Operates a motor vehicle while under the influence of liquor, narcotic drugs, hallucinogenics or other habit forming drugs or allows another person to operate a vehicle which is in the offender’s possession or under the offender’s custody while that individual is under the influence of drugs or alcohol; AND
- The DWI above takes place on or within 1,000 feet of any school property which is used for school purposes by any elementary school, secondary school, or school board; OR
- The offender drives through a school crossing as has been designated by the municipality; OR
- The offender drives through a school crossing with the knowledge that minors are present even if their is no designated school crossing as per the municipality
Paterson, NJ DWI in a School Zone Attorneys Discuss Penalties
The penalties for driving while intoxicated in a school zone can be significantly more severe, even considering first time, second time, and third time or subsequent DWI convictions. To be considered a “second or third time DWI in a School Zone offense”, the previous convictions must also have been in school zones, not just any DWI convictions. As per New Jersey DWI statutes, the penalties for a conviction are as follows:
First Offense DWI in a School Zone convictions may lead to:
- Fines ranging from $500 to $800
- Maximum Jail Sentence of 60 days
- Suspended Driver’s License between one (1) and two (2) years
- Intoxicated Driver Resource Center courses between 12-48 hours
Second Offense DWI in a School Zone convictions may lead to:
- Fines ranging from $1,000 to $2,000
- Minimum jail sentence of four (4) days with a maximum sentence of 180 days. There is a possibility to serve up to 90 days of community service in lieu of jail time
- Suspended Driver’s License for four (4) years
- Intoxicated Driver Resource Center courses at the discretion of the judge
Third or Subsequent Offense DWI in a School Zone conviction may lead to:
- Fine of $2,000
- Mandatory jail sentence of 180 days. The court may lower the term by 90 days and allow the offender to serve the remainder of the sentence in an inpatient rehabilitation center approved by the Intoxicated Driver Resource Center
- Suspended Driver’s License for 20 years
West Milford, NJ DWI/DUI in a School Zone Lawyers Defend Clients
In addition to the usual defenses our West Milford DWI/DUI lawyers would present in a DWI case, we may choose to show that you were not in fact in violation of N.J.S.A. 39:4-50(g) and that you were not in fact in a school zone at the time of your DWI arrest. This may involve mapping out the incident as it occurred in relation to nearby school property and crossing zones. At a minimum, our lawyers will attempt to have the charges reduced to a standard DWI/DUI without the extra penalties involved with being in school zones.
To seek dismissed charges, our lawyers may argue different points including:
- lack of probable cause for vehicle stoppage
- failure of law enforcement to read Miranda Rights leading to impermissible admissions
- improperly or illegally administered blood alcohol content tests
- and many more
The nature of our defense will depend entirely on the nature of your unique circumstances. We will use every available avenue to seek the best outcome in your case.
Contact our Woodland Park Driving Under the Influence Defense Attorneys Today
At The Law Office of Del Sardo & Montanari, our DWI defense attorneys take pride in protecting the legal freedoms of our clients across New Jersey, including towns like Paterson, Clifton, Wayne, Little Falls, West Milford, Woodland Park and the Passaic County region. We believe in treating our clients with respect and compassion when seeking to reduce or dismiss serious charges such as DWI in a school zone. Lean on our experience to defend your rights in this critical legal battle.