When a DUI/DWI violation occurs while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property; or
Driving through a school crossing if designated; or
Driving through a school crossing knowing that juveniles are present if not designated the penalties shall be as follows:
For a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years.
For a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of four years.
For a third offense, be fined $2,000, imprisoned for 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed on that person.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board may be used in a prosecution.
It shall not be relevant to the imposition of sentence 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.
Atlantic City Certified Criminal Defense Attorney
Stephen F. Funk, is a criminal defense attorney with offices located in Atlantic City, New Jersey. He is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney and specializes in the defense of individuals charged with criminal offenses or serious traffic offenses such as DWI/DUI. If you are charged with a criminal offense or DWI/DUI in Atlantic City, anywhere in Atlantic County or anywhere in Cape May County you need an aggressive and trustworthy Atlantic City criminal defense attorney to investigate your case and provide you with the best defense. Mr. Funk appears in the Atlantic County Superior Court, the Cape May County Superior and Municipal Courts throughout each of those counties everyday. He is a local attorney known and respected by the Prosecutors, Judges and Court staff. Contact him today.