NJ Supreme Court gives break to NJ DUI-DWI offenders that get caught drunk driving in an NJ School Zone
Jul 17th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & Traffic, DUI-DWI-DAI (Drunk Driving)Effective September 1, 2007, an NJ DUI-DWI defendant will be able to plea bargain away the NJ school zone enhancement for drunk driving in a school zone. Currently there are severe penalties if a driver gets a NJ DUI-DWI in an NJ school zone. The penalties for a first offense NJ DUI-DWI in a school zone (N.J.S.A. 39: 4-50(g)) include:
-Fine enhancement ($500-$800 fine), and
-Imprisonment not exceeding 60 days, and
-drivers license suspension for not less than 1 year nor more than 2 years, and
-other charges, and
-driver ignition interlock device for 6 months – 1 year, and
-IDRC screening.
The new NJ Supreme Court guidelines will give Municipal Court judges permission to accept plea bargains where if the NJ DUI-DWI defendant pleads guilty to the underlying NJ DUI-DWI offense (N.J.S.A. 39: 4-50(a)) and if there is no accident and the school property is not being utilized, then the prosecutor can dismiss the NJ DUI-DWI school zone charge (N.J.S.A. 39: 4-50(g)).
Do you think this is a good law? It seems fair to me…If a school is not being used (for example at 3:00 a.m.) an NJ DUI-DWI defendant may not know that he or she drove by a school. Furthermore, there is no risk of danger to schoolchildren during non-school hours. The point of the NJ DUI-DWI school zone enhancement is to protect school children. It only makes sense that if there are no schoolchildren present, then the law should be relaxed.
You can view the new NJ Supreme Court Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey here: 2007 NJ Municipal Court Guidelines.pdf
The author of this Law Blog, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.
I think it is ok to lessen this charge. However, i think the term “being utilized” needs to be defined. Several schools have boy scouts, cub scouts, and other activitites going on in the evening. Also, there may be evening events when the school is being ultilized by only adults.
Is the term defined carfefully in the guidelines?
Why cant the legislature create these laws, outlining every specific? Why does it seem the NJ Supreme Court is always getting involved in these matters?
Jim
What about doing the same thing for the “drug free” school zone. If the school is not being ultilized, the extra penalty for having drugs in a drug free school zone should be lessoned as well now too?
Good points Jim!