The problem with being charged with DWI/DUI within a school zone is that all the fines and license suspension you would face for a non-school zone charge are now doubled. It is not uncommon for police to charge defendants with both a regular DWI/DUI charge and a school zone DWI/DUI charge. Usually, the school zone DWI/DUI charge is dismissed when a defendant admits guilt to the regular DWI/DUI charge.

The elements of a violation of a DWI “school zone” offense (N.J.S.A. 39:4-50(g)) are the same as a DWI offense with the additional requirement to prove:

The offense occurred while on school property used for school purposes 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 designated as such by ordinance, or driving through a school crossing, knowing that juveniles are present.

In addition, as a result of the holding in State v. Reiner, 180 N.J. 307 (2004), in order for the State to prevail and obtain the mandatory enhanced penalties for a DWI offense in a school zone, other requirements must be met.

It is necessary for the law enforcement officer to have charged the defendant, on the Complaint/Summons (Uniform Traffic Ticket) with a violation of N.J.S.A. 39:4-50(g). Similarly, for a DWI refusal violation in a school zone, the police or law enforcement officer should have charged the defendant with a violation of N.J.S.A. 39:4-50.2a, specifying that the offense occurred in a school zone, thereby subjecting the defendant to the penalties as set forth at N.J.S.A. 39:4-50.4a.b.