Refusal in a School Zone

Cherry Hill NJ Refusal to Submit to a Breath Test

Refusal to Submit to Breath Test in a School Zone

Refusal to Submit to Breath Test in a School Zone

In New Jersey, drivers give their consent to be given a breath test to determine their blood-alcohol content (BAC) just by driving in the state. Simply refusing to take this test is a violation of New Jersey law. Officers, however, are only allowed to administer the test if they reasonably believe that you have been driving under the influence.

Driving while intoxicated (DWI) offenses, including refusal to submit to a breath test in a school zone, are very serious as they can have significant consequences that can impact several aspects of your life including educational and employment opportunities. If you have been charged with a DWI or refusal, you should speak with an experienced attorney as soon as possible to help you navigate the legal process and get you the most desirable result in your case.

The attorneys at the Law Offices of Jonathan F. Marshall have had tremendous success handling countless DWI cases for years in Camden County including Haddonfield, Gloucester City, Winslow Township, Gloucester Township and Cherry Hill. The staff at the firm has qualifications that are truly rare, including:

  • 200 years experience defending DWI, DUI & Refusal charges throughout Camden County
  • Five (5) attorneys who are Alcotest certified
  • Two (2) lawyers who are certified as instructors in Standardized Field Sobriety Testing (“SFST”)
  • Former DWI/DUI prosecutors in more than 20 municipalities in the state
  • Thousands of N.J.S.A. 39:4-50 and 39:4-50.4 charges successfully handled in Gloucester City, Cherry Hill, Camden, Pennsauken, Gloucester Township, Winslow and other local towns over the last several decades.

If you would like to speak to a lawyer with the know-how to secure an acquittal or dismissal of your case, contact our Camden Office today. Call the Law Offices of Jonathan F. Marshall at 877-450-8301 anytime for a free initial consultation.

Refusal to Submit to a Breath Test in a School Zone in New Jersey

Refusal to submit to a breath test in a school zone is governed N.J.S.A. 39:50.4a. Under the statute, it is a violation to refuse a breath test when:

1) On school property used for school purposes or within 1,000 feet of same

2) Driving through a school crossing

3) Driving in an area where juveniles are crossing and present, even if not designated as an official crossing by municipality.

Penalties for refusal to submit to a breath test in a school zone can be severe and increase with each subsequent offense. Penalties include the following:

First Offense

  • Fine of $600 – $1,000
  • License Suspended for one (1) to two (2) years
  • Intoxicated Driver Resource Center (IDRC) for 12 to 48 hours
  • Ignition Interlock: Six (6) months to One (1) year

Second Offense

  • Fine of $1,000 – $2,000
  • License Suspended for Four (4) years
  • IDRC for 48 hours
  • Ignition Interlock for six (6) months and one (1) year depending on the drivers BAC

Third Offense

  • Fine of $2,000
  • License Suspended for 20 years
  • IDRC: Length decided on a case-by-case basis, but can be subject to 48 hours
  • Ignition Interlock for One (1) to Three (3) years

Note: Our firm uses a retired State trooper who is a certified operator of the Alcotest 7110, the breath testing device used in all New Jersey DWI cases. He is also certified in field sobriety testing. He will review all evidence, police reports, and videos and draft a report of his own to challenge the State’s evidence in court. He can also testify at trial as a defense expert if necessary to obtain the best possible result.

Camden NJ DWI Refusal Lawyer

The criminal defense attorneys at the Law Offices of Jonathan F. Marshall are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a refusal to submit to a breath test in a school zone charge. Our criminal defense team understands the details of DWI law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.