Penalties for Intoxicated Driving in School Zone

Driver's License Increased Penalties for Driving in School Zone while intoxicated or suspended

Ken Vercammen, Esq. warns read this N.J.S. 39:3-40 effective 12-1-99 ----
(f) Increases penalties for persons driving while suspended under certain circumstances:

(a) on or within 1000 feet of school property (May use 2C:39-7 drugs); or (b) driving through a school crossing as designated by the municipality by ordinance or resolution; or (c) driving through an "undesignated" school crossing knowing that children are present.

It shall be no defense to a prosecution under (a) or (b) that the defendant was unaware of the existence of the school zone/crossing or that no juveniles were present at the time or that school was not in session.

The new penalties are as follows: License suspension 1-2 years commencing, upon completion of any prison sentence, $500 fine and; 1st offense: imprisonment 60-90 days 2nd offense: imprisonment 120-150 days 3rd and subsequent offense: imprisonment 180 days

D.W.I.

N.J.S. 39:4-50

(g) Increases penalties for persons driving while intoxicated when the violation occurs:

(a) on or within 1000 feet of school property (May use 2C:39-7 drug maps); or (b) driving through a school crossing as designated by the municipality by ordinance or resolution; or (c) driving through and "undesignated" school crossing knowing t that children are present.

It shall be no defense to a prosecution under (a) or (b) that the defendant was unaware of the existence of the school zone/crossing or that no juveniles were present at the time or that school was not in session.

The new penalties are as follows:

1st offense: fine $500-$800 imprisonment maximum 60 days driver's license suspension 1-2 years

2nd offense: fine $1000-$2000 imprisonment 96 hours mandatory up to 180 days (which may be reduced by up to 90 days by community service).

community service 60 days driver's license suspension minimum 2 years

3rd offense: fine $2000 imprisonment 180 days driver's license suspension 20 years (to commence upon completion of prison term).

REFUSAL

N.J.S. 39:4-50.4a

Increases penalties when the offense occurs:

(a) on or within 1000 feet of school property (May use 2C:39-7 drug maps); or (b) driving through a school crossing as designated by the municipality by ordinance or resolution; or (c) driving through an "undesignated" school crossing knowing that children are present.

It shall be no defense to a prosecution under (a) or (b) that the defendant was unaware of the existence of the school zone/crossing or that no juveniles were present at the time or that school was not in session.

The new penalties are as follows: Fine $500-$1000 and;

1st offense driver's license suspension - 1 year; 2nd offense driver's license suspension - 4 years; 3rd offense driver's license suspension - 20 years.




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Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

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Last Revised December 10, 2007

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