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Is my DUI in a school zone?

Clifton, NJ |

I received a DUI and have hired an attorney already but am concerned about his competence. We have had the court date pushed back 4 times (from jan to April) because he says he has higher priority cases. Is the delay good? Bad? Will it work for me or against me? Date of incident is 12/24/12. Originally I was charged with a DUI only but now my lawyer told me they are charging me with a DUI in a school zone (he told me that in the beg. of jan) but all mail I get from the court still says violations 39:4-50, 39:4-97, 39:4-88B. How do I determine if what he's saying is correct? All answers are greatly appreciated.

Attorney Answers 5


  1. IF YOU HAVE ANY DOUBT OR QUESTION REGARDING AN ATTORNEY'S PERFORMANCE, THE SURE AND EFFECTIVE WAY TO GET RESULTS IS TO EXPRESS YOUR CONCERNS IN A LETTER TO THE ATTORNEY, SENT CERTIFIED MAIL, RETURN RECEIPT REQUESTED.


  2. Get in touch with your attorney to answer your questions and address your concerns. It is not uncommon to have multiple court appearances on cases as serious as yours. As to what impact the multiple court appearances will have, again you need to talk with your attorney. Put your requests in writing so you have a paper trail and document when you contacted them. The school zone makes the DWI penalties more severe if convicted. Good luck with your case.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented. Also, please be advised that any response to any comments made by the asker do not create an attonrey client relationship.


  3. The delay will not be a problem other than the Court moving the case quickly. Call the court to check the charges.


  4. The State has 90 days to charge you with a school zone violation. If your lawyer does not know this, then find a new lawyer. Now with regards to the delay. Delay can be a good thing. Many good lawyers have cases which are 4 to 8 months old. My oldest case is almost 600 days old, but that is because we had some appeals to the Appellate Division in that case. Feel free to call me at 732-286-2700 to discuss your case in detail.


  5. Discuss with your lawyer ASAP - thats why you are paying him or her. Sometimes a delay is good... but it should not be because your case is not a priority to the attorney. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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