MINORS IN VEHICLE (WHILE DWI)—N.J.S.A. 39:4-50.15
If you have been charged with violation of 39:4-50.15 (DWI-minors in the vehicle) you are exposed to an additional loss of license (above that just for the underlying DWI) and additional imposition of monetary fines and possible additional jail time up to 180 days. I have been practicing law for 26 plus years and have handled many DWI cases. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation.
ILLUSTRATIVE EXAMPLE OF CONDUCT CONSTITUTING OFFENSE:
O.K.. You’ve had a rough day and you decide to have a couple of glasses of your favorite white wine with your lunch. You’ve got two children, ages seven (7) and twelve (12). They have a half day of school today and you have to go pick them up from school. On the way home you fail to yield at a roundabout and you are signaled by a police officer to stop your vehicle. As he arrives at your front drivers side car window, he detects the odor of alcohol on your breathe and asks you if you have imbibed any alcoholic beverages that day. You reply “one glass of wine”. He calls for back up and asks you to get out of the car. After performing standardized field sobriety testing (SFST), he determines that there is a good likelihood that you operated your motor vehicle impaired by alcohol and he cuffs you, places you in the backseat of his patrol car, and takes you to the police station for an alcotest (breathe testing). Your alcotest readings, or blood alcohol content (BAC) are .11. He charges you with DWI, but did you also just commit another serious criminal offense?
THE ACTUAL LAW
“N.J.S.A. 39:4-50.15 Additional definitions
a. As used n this act:
“Minor” means a person who is 17 years of age or younger.
“Parent or guardian” means any natural parent, adoptive parent, resource family
parent, stepparent, or any person temporarily responsible for the care, custody
or control of a minor or upon whom there is a legal duty for such care, custody
or control.
b. A parent or guardian who is convicted of a violation of R.S. 39:4-50 and who, at the time of the violation, has a minor as a passenger in the motor vehicle is guilty
of a disorderly persons offense.
c. In addition to the penalties otherwise prescribed by law, a person who is convicted
under subsection b. of this section shall forfeit the right to operate a motor vehicle
over the highways of this State for a period of not more than 6 months and shall
be ordered to perform community service for a period of not more than five (5)
days.”
The answer to the question is YES. In addition to DWI you have committed a disorderly persons offense of having minor passengers in the vehicle while driving while intoxicated. So, in addition to the mandatory penalties for a first time DWI, e.g., monetary fines of approximately $800.00 plus mandatory loss of drivers license of not less than seven (7) months nor more than twelve (12) months, plus intoxicated driver resource center (IDRC) attendance of twelve (12) hours plus possible jail of up to thirty (30) days, you now face an additional layer of exposure, e.g., enhancements, e.g., an additional fine of $1,006.00 and court costs of $33.00, plus an additional drivers license suspension of up to six (6) months, plus community service of up to five (5) days, plus possible jail time of up to one hundred and eighty (180) days. N.J.S.A. 2C:43-8.
The greater the damages caused by the defendant’s conduct, e.g., perhaps an auto accident with personal injury or severe property damage, for example, the greater the likely hood of the imposition of jail time. The court already finds DWI to be unreasonably reckless conduct—but coupled with putting minors in the vehicle at risk of death or harm from your conduct usually results in a finding of the existence of an important aggravating factor which would elevate the sentence.
If you are charged with violation of N.J.S.A. 39:4-50.15, this is nothing to mess around with. You need to retain skilled and experienced counsel immediately to help you avoid or minimize the grave consequences of conviction. Contact me for help at 732-337-7922
