DWI in a Burlington County School Zone

Burlington NJ School Zone DWI Lawyers

Even if you had no idea you were driving in a school zone, there are significant consequences for doing so if you are intoxicated. New Jersey Law provides for an entirely separate violation for DWI in a school zone and the penalties under this law are more severe than the standard driving while intoxicated violation. So if you were caught driving with a blood alcohol concentration of .08% or high, or while you were under the influence of drugs, in the area of Burlington High School, Springside Middle, Fountain Woods Elementary, Wilbur Watts Intermediate, Capt. James Lawrence, Samuel Smith or another school in Burlington, you need to pay significant attention. A conviction for even your first offense for DUI in a school zone triggers mandatory jail at the time of sentencing. Clearly, this is not an offense to be handled without the benefit of a seasoned DWI defense attorney. The team of lawyers at our Mt. Laurel firm, The Law Offices of Jonathan F. Marshall, has decades of experience defending DWI in a school zone charges in Burlington and elsewhere in New Jersey. In fact, our attorney represented what probably is the largest and most highly credentialed driving while intoxicated firms in the state. We have at least 4 of the approximately 50 Draegar Alcotest 7110 certified operators in the state on our staff, as well as 2 of the approximately 5 National Highway Traffic Safety Administration certified instructors in Field Sobriety Testing. It also helps that at least 3 are former municipal prosecutors who have handled thousands of DWI violations over the years. Our qualifications are genuinely exceptional and we welcome the opportunity to put them in action to secure the very best outcome in your case. To speak to one of our attorneys, call us for a free consultation at 856-234-8900.

Evesham DUI in a School Zone Offense

The Evesham prosecutor will be required to present certain evidence in order to convict you of violating N.J.S.A. 39:4-50. The first thing they will have to do is prove you were operating a motor vehicle with either a BAC of .08% or more, or while you were under the influence of a drug like marijuana, heroin, pain medication, sleeping pills or another form of controlled dangerous substance (“CDS”). The second thing that must be established is that you operated the vehicle in a school zone. A “school zone” is defined as any location that is within 1,000 feet of property owned or leased by a school or school board that is used for school purposes. There is no requirement that you know you are driving in this zone or that children are present. These are not required elements nor defenses to a school zone offense. The only time knowledge of the presence of children is required is where the violation is based on operation within 1,000 feet of a school crossing since there typically will not be an officially approved school zone map to support added protection by the municipality of the area. In this circumstance, the law requires that the accused be aware of children in the area before they may be convicted of DWI in a school crossing.

Penalties You Will Face in Mt. Laurel or Elsewhere for a School Zone DWI

As previously stated, the penalties that apply to those convicted of driving while under the influence in a school zone are severe. The judge in the Mt. Laurel or another municipal court must impose the following:

  • First Offense. N.J.S.A. 39:450(g) mandates a sentence that includes independent penalties that apply on top of those for a DUI. If you are convicted of your first offense for DWI in a school zone you will face a fine of $606-$1006 and a license suspension of 1-2 years. In addition, the court in Pemberton, Bordentown, Florence, or another Burlington County municipality must impose a jail term of up to 60 days that is mandatory.
  • Second Offense. The penalties for a second offense of school zone DUI carries a fine of $1006-$2006, 60 days (360 hours) of community service, and a mandatory suspension of your driving privileges for at least 4 years. You will also have to serve a term in the county jail that can be as long as 180 days. There is 90 days of community service that must be fulfilled once you are released from jail, along with a requirement that you install an ignition interlock on your vehicles during the period of you are suspended plus 1-3 years from restoration.
  • Third Offense. A third school zone DWI/DUI offense results in a $2006, 20 year loss of your license, a 180 days jail term, and the same ignition interlock obligation as a second offense.

DWI Attorney For a School Zone Charge in Pemberton New Jersey

There are many schools in Pemberton including the high school, Samuel Busansky, Denbo/Crichton Elementary, Isaiah Haines, and the Helen A. Forte Middle School. For anyone you makes the mistake of driving while intoxicated or driving under the influence of CDS near these schools, they face the penalties previously set forth, including the real possibility of jail for even a first conviction. A school zone DWI in Pemberton or anywhere in NJ therefore needs to be taken extremely seriously. There is no better way to address the charge but to hire the most qualified DWI attorney you can identify. We honestly believe our team presents an impressive option in this regard. Call us for the information and guidance you. A lawyer is available immediately at 856-234-8900.

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