Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Monday, October 26, 2009

Driver's License Increased Penalties for Driving in School Zone while intoxicated or suspended

Driver's License Increased Penalties for Driving in School Zone while intoxicated or suspended

Ken Vercammen, Esq. warns read this N.J.S. 39:3-40 effective 12-1-99 ----
(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 driver's 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 driver's license suspension minimum 2 years

3rd offense: fine $2000 imprisonment 180 days driver's 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 driver's license suspension - 1 year; 2nd offense driver's license suspension - 4 years; 3rd offense driver's license suspension - 20 years.

Hire a Trial Attorney To Represent You If Charged With a Criminal Or Serious Motor Vehicle Matter Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office also helps people with traffic/municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended. Criminal and Motor vehicle violations can cost you. You may have to pay high fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV/MVC [Motor Vehicle Commission] or have your license suspended. Don't give up!