Tuesday, October 14, 2014

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).
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.

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