Driving while Intoxicated (DWI) within 1000 Feet of School Property

NJ DWI Defense Lawyers with offices in Newark, Hackensack, Morristown NJ

New Jersey DWI Charges

New Jersey DWI Charges

The New Jersey DWI Defense lawyers at the the Tormey Law Firm LLC represent clients facing a drunk driving offense throughout NJ including in Wayne, Clifton, Elmwood Park, East Rutherford, and Teaneck. In fact, Travis Tormey, our managing partner, is a certified Alcotest 7110 operator. This means that Mr. Tormey is licensed to operate the breath testing machine used in New Jersey DWI prosecutions and he has the same certification that the police officers have who administered the test in your case. In addition, another attorney at the firm is a certified field sobriety instructor. As a result, he is able to analyze the psycho-physical tests that were performed in your case to determine if the tests were implemented and scored properly. As you can see, our DWI defense team is extremely well versed in dealing with these matters and have literally handled thousands of DWI cases in New Jersey. Contact our offices now for a free initial consultation at 201-556-1571.

DWI in a School Zone: N.J.S.A. 39:4-50(g)

If you have been charged with a DWI in a school zone in New Jersey, the penalties can be very severe. In addition to the underlying DWI charge, if your offense was committed within 1000 feet of school property, the penalties are essentially doubled. As a result, on a first offense, if you were facing a license suspension of 7 months to 1 year on the regular DWI, if you are convicted of the school zone charge your driver’s license will be suspended for 1-2 years.

Now, there are a couple important things to remember about school zone charges. First, the State must provide a map of the school zone showing exactly where the parameters are. In addition, the State does not need to show that you were stopped within 1000 feet of a school. The State only has to show that you drove (at any point) within 1000 feet of a school. So, if a police officer sees you driving within 1000 feet of a school but by the time he pulls you over you are outside the 1000 feet zone, this still can be prosecuted as a school zone violation by the State.

A crucial piece of the N.J.S.A. 39:4-50(g) statute reads as follows:

“It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.”

So, it is not a defense that the driver did not know that he or she was in a school zone. It is also not a defense that school was not in session.

NOTE: It is important to remember that, on a second or third offense school zone charge, you can only be sentenced to those enhanced penalties if your first and/or second offense DWI charges were also committed in a school zone.

Contact the Morristown NJ DWI Defense Lawyers at the Tormey Law Firm Today

As you can see, the laws surrounding a DWI in a school zone violation in New Jersey can be very complex. It is imperative that you hire an experienced NJ DWI defense lawyer to navigate these complex laws for you and create a comprehensive defense strategy to fight these charges in court. Contact our offices now for immediate assistance at 201-556-1571. The initial consultation is always provided free of charge.

Testimonials

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Unresponsive Lawyers.

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Too big of an investment for too little results

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map

Daily Record Daily Record
CBS Radio CBS Radio
NJ dot com NJ dot com
The Record The Record
AOL News AOL News
Asbury Park Press Asbury Park Press