DWI in a School Zone Lawyers in Parsippany NJ
In Morris County, as elsewhere in the state of New Jersey, DWI offenses are serious traffic violations, that have serious consequences on your life. They have even more serious consequences when this DWI stop occurs in a what is known as a “school zone”. If you or someone you love has been stopped for a DWI in a school zone anywhere in Morris County, in towns like Morristown, Dover, Denville, Roxbury, East Hanover, Florham Park, or Parsippany, you cannot afford to be without the best representation possible. Here at the Law Office of Jonathan F. Marshall we have been representing individual’s charged with driving while intoxicated in a school zone, driving under the influence, refusal to submit to a breath test, marijuana dwi, aggravated assault and assault by auto in Morris County, New Jersey for over fifteen years. We have the necessary experience and skill set required to successfully represent your interests. If you would like to set up a consultation with any one of the eight Morris County, NJ dwi defense lawyers on staff at the Law Office of Jonathan F. Marshall, please contact our Morristown office directly at (973) 309-7050. Our attorneys are available 24/7 to answer any questions you might possible have. For more information on DWI in a school zone offenses, including the applicable penalties if convicted in New Jersey, please see below.
N.J.S.A. 39:4-50g: Roxbury NJ DUI in a School Zone Defense Attorneys
In every DWI offense in the state of New Jersey, N.J.S.A. 39:4-50 governs both the scope of the offense and the degree of punishment. For the state to prove its case, it must prove two elements, namely operation of a motor vehicle and the intoxication of the driver.
This first element, operation of a vehicle may attempted to be established in one of two ways. Through either the admission of direct evidence (i.e. the officer witnessed the defendant driving or the defendant admitted to operating the vehicle) or circumstantial evidence (e.g. the officer saw the vehicle pulled over on the side of the highway or crashed into another car such that the car had to have been operated to be there). It is also of note that the state in some cases need not even prove operation. Intent to operate a motor vehicle will sometimes suffice, meaning if you were to exit a bar stumbling, put your keys in the ignition, and an officer were to view this, the state will have established its operational burden.
The second element that the state must prove is the intoxication of the driver. The state uses two primary tests, that standardized field sobriety tests (SFST) and the Alcotest 7110 (the breathalyzer test). Field sobriety tests are familiar to most people and typically involve being asked to walk a straight line, say the alphabet backwards, and balancing yourself (one legged stand). The breath test is much more scientific and requires by law that certain procedural requirements are satisfied in order for its results to be admissible. However, when the scientific reliability of this test is established, meaning where those proper procedures are followed by the arresting officers, their admissibility in court is unquestionable. The state need establish under this test that the driver of the vehicle’s BAC was .08% or higher for a conviction, unless the driver refuses to submit to a breath test, in which case intoxication is presumed.
What are the Penalties for a DWI in School Zone in NJ?
The establishment of these elements in a school zone has dire consequences for a conviction. A first offense DWI in a school zone will result in (1) a fine of between $606 and $1006; (2) a jail term of up to 60 days; and (3) suspension of driving privileges for one to two years. A second offense carries the following penalties: (1) a fine of between $1006 and $2006; (2) a jail term of 96 hours to 180 days; and (3) suspension of driving privileges for not less than 4 years. Conviction of a third offense or subsequent offenses includes penalties of: (1) a fine of $2006; (2) a jail term of 180 days; and (3) suspension of driving privileges for 20 years. It is of note that all of these also carry with them mandatory annual surcharges ranging from $1000 to $1500, depending on the number of prior convictions, for a period of three years.
DWI in a School Zone Defense Lawyers in Morristown NJ
Needless to say, given the cost and the amount of time in which you will be unable to operate a vehicle in this state, you cannot afford to face this conviction alone. You need an attorney who will know the ins and outs of what the state needs to prove and how best to attack those elements of the state’s case that are in doubt. Here at the Law Offices of Jonathan F. Marshall, we believe that we are the attorneys best suited to help you or your loved in their time of need. So please, if you or someone you love has been charged with a DWI in a school zone in Morris County, do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your school zone DWI case.