School Zone Penalties

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A person can be charged with either driving while intoxicated in a school zone or refusal to submit to chemical breath testing if the person operated the vehicle in a school zone at the time of the offense. Many people falsely believe that you can’t be found guilty of this offense unless your vehicle is stopped by the police in a school zone. This is UNTRUE. As long as the state can prove operation of the vehicle in a school zone, you can be found guilty of a DWI school zone violation- REGARDLESS OF WHERE YOU ARE STOPPED BY THE POLICE.

DWI statutes apply to traditional school zones AND to the following:

  • Any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1000 ft. of such school property;

  • Driving into a school crossing as defined by N.J.S.A. 39:1-1 if the municipality, by ordinance or resolution has designated the school crossing as such; or

  • Driving through a school crossing as defined by N.J.S.A. 39:1-1 knowing that juveniles are present even if the municipality has not designated the school crossing as such by ordinance or resolution.

There are technical defenses available to the DWI school zone offense. In order to prove the case, the state must provide certain documents to the defendant during the discovery phase of the case. If they do not, your case may be defendable. Work with our New Jersey school zone DWI attorney to make sure you receive the highest quality representation available for your DWI case.

Penalties for School Zone DWIs

The penalties for a DWI and/or refusal to submit to chemical breath testing in a school zone are:

FIRST OFFENSE

  • Fines: Between $600 and $1,000

  • Driver’s license revocation / suspension: Suspension not less than 1 year, not more than 2 years.

  • Other monetary penalties: Drunk driving enforcement fund $100, other mandatory fines

  • Intoxicated Driver Resource Center: Referral to Intoxicated Driver Resource Center

SECOND OFFENSE

  • Fines: Between $1,000 and $2,000

  • Driver’s license revocation / suspension: 4 years suspension

  • Other monetary penalties: Drunk driving enforcement fund $100, other mandatory fines

  • Intoxicated Driver Resource Center: Referral to Intoxicated Driver Resource Center

THIRD OR SUBSEQUENT OFFENSE

  • Fines: $2,000

  • Driver’s license revocation / suspension: 20 years suspension

  • Other monetary penalties: Drunk driving enforcement fund $100, other mandatory fines

  • Intoxicated Driver Resource Center: Referral to Intoxicated Driver Resource Center

Learn how we can help you with your defense. Call us at 856-235-9881 to discuss your charges in a no-cost consult.

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As a 2015 Clients’ Choice award recipient with a *10.0 Superb Avvo Rating, Attorney Baxter has demonstrated his ability to secure favorable outcomes on behalf of our clients, no matter how complex the situation may be. Although you may be worried about what the future holds, you do not have to work through this time on your own. We stand ready to relentlessly defend you from your initial consultation until the resolution of your case.

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