Middletown
Criminal Defense Lawyer
School Zone DWI
The seriousness of a drinking and driving charge has the potential to catapult when the violation is in a school zone. With major educational facilities like, for example, Middletown South and North High, River Plaza Elementary, Harmony Elementary, Thompson Middle and Thorne Middle School, there is plenty of opportunity for intoxicated motorists to unknowingly drive through a school zone. The law is unsympathetic when it comes to dwi in a school zone as the violation applies whether your presence in the area was intentional or unintentional. It is crucial that you seek immediate representation for a DUI school zone offense as there is a significant possibility of a county jail sentence if you are found guilty. The former prosecutors and attorneys at our office can help you avert this outcome utilizing over 20 years of experience appearing and defending DWI charges in Middletown. Call our office on Tindall Road for the assistance you need.
DWI In A School Zone in Middletown NJ
The statute that applies to your school zone violation is N.J.S.A. 39:4-50(g). This charge carries significantly more severe penalties. N.J.S.A. 39:4-50(g) applies when an individual operates a vehicle while intoxicate or under the influence of drugs and is: (1) within 1,000 feet of school property; (2) driving through a designated school crossing; or (3) driving thr0ugh an undesignated school crossing with knowledge that children are present. For a first offense, there is a fine of $500-$800, 1-2 year license suspension, and imprisonment of up to 60 days. A second offense can result in 7-180 days in the county jail, $1,000-$2,000 fine, 60 days community service, and 4 years suspension of driving privileges. A third offense triggers a fine of $2,000, 180 days in jail and a 20 year driver’s license suspension. In order to prove that operation occurred in a protected school zone or crossing, the prosecutor must present a map demonstrating that the operation was within 1,000 of property owned or leased by a school or school board that was used for school purposes. As previously stated, the fact that the accused was unaware that his/her conduct was within a school zone is immaterial to violation of 39:4-50(g). The presence of juveniles at the time of the violation is also irrelevant.
Middletown School Zone DWI Attorneys
A school zone violation can easily result in county jail time. The license suspension is also significantly enhanced from a regular violation. Significant benefit can therefore be derived by a downgrade/dismissal of this offense. Our attorneys can reach this type of resolution in many cases. Call us anytime around the clock for a free consultation if you were arrested and are facing a dwi in a school zone charge. A lawyer is available now to assist you by contacting our Tindall Road Office.