39:3-40, 39:4-50 Drivers License Increased Penalties for Driving in School Zone While Intoxicated or Suspended NJ

39:3-40, 39:4-50 Drivers License Increased Penalties for Driving in School Zone While Intoxicated or Suspended

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. N.J.S. 39:3-40 (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 drivers 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 drivers license suspension minimum 2 years 3rd offense: fine $2000 imprisonment 180 days drivers license suspension 20 years (to commence upon completion of prison term). Driving while intoxicated while on school property 39:4-50(g) 1st Offense - $500 to $800 fine, and - imprisonment not exceeding 60 days, and - driver's license suspension for not less than 1 year nor more than 2 years, and - VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and - shall order installation of an ignition interlock device for not less than 6 months nor more than 1 year, and - satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied. Plus $3,000 mvc surcharges and 9 car insurance points 2nd Offense - $1000 to $2000 fine, and - imprisonment of not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service, and - driver's license suspension for 4 years, and - community service for 60 days, and - VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and - shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and - satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied. Plus $3,000 mvc surcharges and 9 car insurance points 3rd or Subsequent - $2000 fine, and - imprisonment not less than 180 days in a county jail or workhouse, except that the court may order the defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient rehabilitation program approved by the IDRC, and - driver's license suspension for 20 years to start upon completion of any prison sentence, and - VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and - shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and - satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are satisfied. Plus $3,000 mvc surcharges and 9 car insurance points 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 drivers license suspension - 1 year; 2nd offense drivers license suspension - 4 years; 3rd offense drivers license suspension - 20 years. 39:4-50.4a Refusal to submit to chemical test on school property (penalty provision at N.J.S.A. 39:4-50.4a(b) 1st Offense - $600 to $1000 fine, and - driver's license suspension not less than 1 year or more than 2 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and - DDEF $100, and - shall refer offender to IDRC. 2nd Offense - $1000 to $2000 fine, and - driver's license suspension for 4 years (consecutive to any revocation imposed under N.J.S.A. 39:4-50), and - DDEF $100, and - shall refer offender to IDRC. 3rd or Subsequent - $2000 fine, and - driver's license suspension for 20 years (consecutive to any revocation imposed under N.J.S.A. 39:4- 50), and - DDEF $100, and - shall refer offender to IDRC. Plus $3,000 mvc surcharges and 9 car insurance points