Saturday, September 5, 2009

DWI in School Zone, N.J.S.A. 39:4-50(g) 4 School ZoneDWI 39:4-50(g)Oper. or Allowing

DWI in School Zone, N.J.S.A. 39:4-50(g) 4
School ZoneDWI
39:4-50(g)Oper. or
Allowing
1st OffensePer Se 0.08% or more or operating under the
influence of alcohol or drugs39:4-50(a)(1)
2nd OffenseWithin 10 years of previous violation including
foreign convictions39:4-50(a)(2)
2nd OffenseWithin 10 years of previous violation including
foreign convictions39:4-50(a)(2)
Fines $500 - $800 (no differentiation based on per seBAC reading) 39:4-50(g) $1,000 - $2,000 39:4-50(g) $2,00039:4-50(g)
Jail Up to 60 days (no differentiation based on per seBAC reading) Not less than 96 hours, with a maximum of 180days.
May reduce by 90 days with community service
Incarceration not less than 180 days, exceptcourt may lower such term for each day, not
exceeding 90 days, served in inpatient facilityapproved by IDRC
RevokeSuspend Suspension not less than 1 year not more than 2years after period of incarceration
Under 17 to run thru 17th birth date &thereafter for not less than 1 year not more than
2 years (No differentiation based on per se BACreading)
Suspension 4 years after period of incarcerationUnder 17 to run thru 17th birth date &
thereafter for 4 years
Suspension 20 years after period ofincarceration
Under 17 to run thru 17th birth date &thereafter for 20 years
CommService No community service for 1st offense 60 days in school zone No community service for 3rd or subsequentoffense
IDRC 12 to 48 hours IDRC & satisfy the screening,evaluation & referral requirements to be
completed on 2 consecutive days of at least 6hours each. If these requirements are not met,
then mandatory 2-day term of imprisonment &suspension DL until requirements are satisfied.
(no differentiation based on per se BAC reading)
Satisfy the screening, evaluation & referralrequirements of the IDRC. If requirements not
met, then mandatory 2-day term of imprisonment& suspension DL until requirements are
satisfied.
Satisfy the screening, evaluation & referralrequirements of the IDRC. If requirements not
met, then mandatory 2-day term of imprisonment& suspension DL until requirements are
satisfied.Jail cannot be served in IDR Center
Other $Penalties VCCB $50DDEF $100
SNSF $75N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
VCCB $50DDEF $100
SNSF $75 N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
VCCB $50DDEF $100
SNSF $75 N.J.S.A. 39:4-50(i) $ 100
Other mandatory fines under N.J.S.A. 39:5-41
DWI in School Zone, N.J.S.A. 39:4-50(g) 5
School ZoneDWI
39:4-50(g)Oper. or
Allowing
1st OffensePer Se 0.08% or more or operating under the
influence of alcohol or drugs39:4-50(a)(1)
2nd OffenseWithin 10 years of previous violation including
foreign convictions39:4-50(a)(2)
2nd OffenseWithin 10 years of previous violation including
foreign convictions39:4-50(a)(2)
OtherNon $
Penalties39:4-50(h)
May order participation in supervised visitationprogram as either a condition of probation or a
form of community service(No differentiation based on per se BAC
reading)
Court may order participation in supervisedvisitation program as either a condition of
probation or a form of community service
Court may order participation in supervisedvisitation program as either a condition of
probation or a form of community service, AND
BAIID orRevoke Regis. May order installation of an interlock device onevery owned, leased or regularly operated vehicle
for not less than 6 months to not more than 1year after the expiration of the period of
suspension.No registration revocation for first offense
(No differentiation based on per se BACreading)
Court shall order installation of ignitioninterlock device on every owned, leased or
regularly operated vehicle for not less than 1year to nor more than 3 years after the
expiration of the period of suspension, OR Court shall revoke registration certificate &
plates for 2 years 39:3-40.1 (a)(1)
Court shall order installation of ignitioninterlock device on every owned, leased or
regularly operated vehicle for not less than 1year to nor more than 3 years after the
expiration of the period of suspension, ORCourt shall revoke registration certificate &
plates for 10 years 39:3-40.1 (a)(1)

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