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DWI in a School Zone

Jackson NJ DWI in a School Zone Attorney

The New Jersey DWI in a School Zone Law was adopted in 1999, the same year that the attorneys at Law Offices of Jonathan F. Marshall established our firm. This legislation enhanced the penalties for driving while intoxicated ("DWI") when the conduct occurs in a school zone. If you were arrested for violating this statute, you absolutely need to retain a skilled attorney. The penalties for this form of DUI are as bad as they get so you need to take the time to select the most qualified lawyer you can identify. Our firm is a formidable candidate with the largest DWI defense team in the state, former prosecutors from approximately 15 Ocean County municipalities, and lawyers that possess over 100 years of combined experience. It also helps that the head of our DWI department, Colin Bonus, limits his practice exclusively to this specialty, and that three of the partners are among less than 10 statewide who are certified on both the Alcotest and as instructors in Standardized Field Sobriety Testing. Call our Toms River Office at 732-286-6500 to speak to one of our lawyers in a free consultation. The following are some fundamental questions that defendants charged with a school zone DWI often possess.

What Is Considered a School Zone?

A school zone is all property located within 1,000 feet of property owned or leased by a school or school board, that is used for school purposes, and has been designated by ordinance or resolution.

Do Children Have to Be Present for DWI in a School Zone to Apply?

No. N.J.S.A. 39:4-50(g) specifically provides that the presence of children is irrelevant to the determination of whether a school zone violation has occurred.

Does the Motorist Need to Know He Is Driving Through a School Zone?

No. This offense is referred to as a strict liability violation since there is no requirement of knowledge or intent to operate in a school zone. All that is required is operation in the protected zone and intoxication.

Are DWI & DWI in a School Zone Separate Offenses?

Yes. DWI in a school zone is set forth in subsection (g) of N.J.S.A. 39:4-50 and is an entirely separate charge from a normal DWI under subsection (a) of 39:4-50.

What Is the Fine for DWI in a School Zone?

The fine is $500-$800 for a first offense, $1,000-$2,000 for a second offense and $2,000 for a third offense.

When Is a Jail Term Triggered for Driving While Intoxicated in a School Zone?

There is a jail term of up to 60 days for a first offense, 4-180 days for a second offense and 180 days for a third offense.

What Is the Period of License Suspension for DUI in a School Zone?

You face a suspension of 1-2 years for a first offense, 4 years for a second offense and 20 years for a third offense.

Manchester NJ School Zone DWI Lawyer

A school zone DWI is an extremely serious matter as demonstrated by the penalties that apply in the event of conviction.  It is not a charge that you can afford to underestimate. The lawyers at our firm, Law Offices of Jonathan F. Marshall, have a track history of success in defending DUI related offenses like the one you are facing. It is therefore in your best interests to contact us to discuss your arrest and the circumstances that arose thereafter. An attorney is available 24/7 to assist you at (732) 286-6500.

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