DWI penalties are increased significantly if you are convicted of DWI in a School Zone in violation of N.J.S.A. 39:4-50(g). In a school zone case, the Prosecutor must prove that the DWI occurred within 1000 feet of any school property. The penalties if convicted of DWI in a School Zone include increased mandatory driver’s license suspension periods. For first offenders, a suspension period of between 1 and 2 years. For second offenders a suspension period of 4 years. For third and subsequent offenders, a suspension period of 20 years.
There are technical defenses available in school zone cases which could include a challenging to the admission into evidence of certain documentation needed to prove that the offense occurred within a designated school zone.
A successful defense in a DWI in a School Zone case could result in a dismissal of the school zone component of the case, thereby significantly reducing the period of driver’s license suspension.