Elmwood Park NJ DWI in a School Zone Defense Lawyer

DWIs that occur in school zones are punished under the same law that accompanies regular DWI charges. However, a School Zone DWI may include significantly heftier penalties, which includes incarceration in the Bergen County Jail. If you or a loved one is facing a first offense, second defense, or third offense DWI in a School Zone, then it is very important that you avail yourself to talented and qualified legal counsel. The attorneys at the Law Offices have over 100 years of combined DWI defense experience and some of our attorneys have valuable experience as former prosecutors in over twenty-five New Jersey municipalities. If you have been charged with DUI in a school zone in towns like Cliffside Park, Fort Lee, Enlgewood Cliffside Park, Palisades Interstate Park, Ridgefield Park and Mahwah we can help.

Upper Saddle River School Zone DWI Attorneys: N.J.S.A. 39:4-50g

The DWI in a School Zone offense is outlined in a section of New Jersey’s DWI statute. It allows the sentencing court to significantly increase the DWI penalties if convicted  In order to be convicted of a DWI in a School Zone violation, the court must establish that the driver either was

        1. Within 1000 feet of property used for “school purposes”; or,
        2. The driver drove through a school crossing that has been designated as such by ordinance or resolution; or
        3. The driver drove through a school crossing where children are actually present, whether or not it has been designated as such by ordinance.

In regard to the first and second requirements listed above, it is not necessary for the prosecution to prove that you knew of your presence within a school zone. If you have been stopped for a DWI in a school zone at an hour or time of year when school is not in session, you are still subject to the increased penalties associated with the charge. However, if the DWI in a School Zone offense occurs in an area that has not been approved by a legislative ordinance, then the prosecution must prove that you knew that children were present at the time of the offense.

 DWI in a School Zone Penalties in NJ

The penalties associated with a DWI in a School Zone are severe. A Bergen County first offense DWI in a School carries a jail sentence of up to 60 days, a 1 to 2 year license suspension, and over $4,000 in fines and surcharges. A second offense Bergen County School Zone DWI is accompanied by a jail sentence of 4-180 days, a 4-year license suspension, and $4,500-$5,500 in fines and surcharges. Finally a third offense Bergen County DWI in a School Zone includes 180 days in jail, a 20-year license suspension, and at least $7,000 in fines and surcharges.

Unique Qualifications for DWI in a School Zone Defense

As you can see, the penalties for a DWI in a School Zone are severely administered to convicted drivers. The Law Offices of Jonathan F. Marshall are seasoned in all DWI related matters. Our defense team has unique credentials that they can utilize to diminish or even extinguish the charges faced by our clients. Five of our attorneys are certified in the maintenance and administration of the Alcotest 7110 machine, and three of our attorneys are even certified field sobriety instructors. These exceptional qualifications allow our attorneys to closely gauge the legality of the arresting officer’s initial traffic stop as well as his or her adherence to the strict field sobriety testing protocol that must be followed by law. Initial consultations are always free and our clients enjoy unlimited face-to-face case strategy sessions.