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1. Palumbo, Todd: Penalties Upon Conviction For First Offense DWI in NJ The possible consequences for a first conviction for Driving While Intoxicated in NJ vary depending on the nature of the offense. The following is a guide to help those charged with DWI better understand the possible consequences. Remember that every DWI offense is fact specific and a DWI lawyer should be contacted to discuss the specifics of the case. NJSA 39:4-50 DWI> BAC .08% or more but less than .10% or operating under the influence alcohol * Fine between $250-400 * Possible jail time of up to 30 days * DL revoke/suspend of 3 months * Other $ penalties> VCCB $50, DDEF $100, SNSF $75, NJSA 39:4-50(i) $100 * Court may order participation in supervised visitation program as a condition of probation * No community service for first offense * Intoxicated DriverÕs Resource Center 12 to 48, satisfy the screening and referral requirements, to be completed on 2 consecutive days of at least. If these requirements are not met, 2 day mandatory jail sentence and no reinstatement of privileges until requirements met. * May order the installation of Ignition interlock device * Motor Vehicle Surcharges of $1000 per year for three consecutive years. * 9 insurance eligibility points NJSA 39:4-50 DWI> BAC .10% or drugs at any intoxicating level * Fine between $300 and $500 * Jail sentence not to exceed 30 days * Suspend license not less than 7 months not more than 1 year * Other $ penalties: See above * Other non $ penalties: See Above If you have been arrested and charged with driving while intoxicated in New Jersey and have questions about your case, call for a free consultation. DonÕt believe for a second that you canÕt win your case. The state must prove your guilt beyond a reasonable doubt, and the best DWI lawyers make sure they hold the state to this burden.
2. Ellis, Herbert: * Drug Offenses * Robbery * Burglary * Shoplifting * Assault * Theft * Vehicular Manslaughter * Sex Offenses * All Crimes * Harassment * Juvenile Offenses * Expungements * Bail Reduction
3. Masciocchi, Thomas: TRAFFIC OFFENSES - Speeding - Drunk Driving - Careless Driving - Refusal - Driving Without Insurance - Driving on the Revoked or Suspended List - All violations carrying points or surcharges - CDL related matters - DMV Administrative Hearings CRIMINAL OFFENSES - Drug Offenses - Felony, Shoplifting - Municipal Court - Misdemeanor - Juvenile Cases - Burglary - Sex Crimes - Assault - Weapons - Contempt Charge - Bail Reduction - Expungement 39:4-50 Operating under the influence- DWI (See chart at www.njlaws.com) Plus DMV points; plus additional car insurance eligibility points. 39:4-50.2 Refusal to undergo breathalyzer test- (See chart at www.njlaws.com) 39:4-50.14 Operation of motor vehicle by person whose blood alcohol is between .01% and .10% and is under the legal age to purchase alcoholic beverages- Loss of license for not less than 30 days nor more than 90 days and perform community service for not less than 15 days nor more than 30 days. In addition, must satisfy program and fee requirements of the IDRC or participate in a program of alcohol education and highway safety. Penalties shall be in addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-81, N.J.S.A. 39:4-50, or any other law. See DWI fines and penalties at www.njlaws.com. 39:4-51a Consumption of alcoholic beverage by operator or passenger- First offense: $200 Second or subsequent offense: Fine $250 or 10 days community service. 39:4-51b Possession of open container of alcohol in passenger compartment- First offense: $200 Subsequent offense: Fine $250 or 10 days community service.
4. Palumbo, Anthony: If you have been arrested for driving under the influence it is very important to choose a lawyer that is competent and aggressive with skill and experience. You want a lawyer who is respected and takes pride in his relationships with the police, judges and prosecutors. Every year tens of thousands of people are stopped by the police and questioned about whether they might be under the influence of alcohol. Police automatically inquire about alcohol whenever they pull somebody over late at night. The purpose of this article is to tell you what to do if you are pulled over for suspected drunk driving. 1. Use your turn signal and slowly and carefully pull over to the side of the road. 2. Stay in the car, keep your hands on the wheel, and calmly wait for the police officer to approach your motor vehicle. Do not attempt to leave your car and do not shuffle around in the glove compartment looking for credentials. 3. Act politely towards the police. Do not act as though you have anything to hide or that you have done anything wrong. Give a courteous greeting when you open the window to speak to the police and follow their directions. 4. When you are asked, produce your driver's license, registration and insurance card. Stay calm and remember that the police are watching to see how you perform the maneuvers involved in getting these credentials. 5. You have the right to invoke the Fifth Amendment, which means you have the right to refrain from answering any and all questions that the police officer asks you. If the police officer asks you if you have been drinking or if you had anything to drink or asks if you think you are drunk or not, simply tell the police officer that you are claiming your Fifth Amendment right not to incriminate yourself. Do not discuss where you were, what you did, who you were with, or whether you were drinking at all. 6. If the police officer asks you whether you will take a chemical test, which is a device used to determine your blood alcohol contents, be advised that in New Jersey you do not have the right to refuse a chemical test. If you refuse to take the test, your license will be automatically suspended for a minimum of 7 months even if you are not under the influence of alcohol! Do not refuse to take the test. 7. Do not believe that by being candid with the police officer and telling him that you had one or two beers is going to be of help to you. Most people say they had a "a few beers". Police officers hardly ever believe that. When you are asked anything about drinking, politely decline to answer any questions concerning drinking or where you were or who you were with. Do not argue with the police officer, but instead comply with whatever he says. 8. Do not get out of your car unless you are asked to. Make sure that you don't stumble or trip when you get out. 9. Refuse to take any field sobriety tests, you are not required to complete any of these tests. The test I am referring to are the ones where they ask you to walk heel to toe or put your finger to your nose or close your eyes and put your head back. These tests are not designated to help you and you can refuse to take them. You can fail these tests even if you are not under the influence of alcohol because of the time of day, poor balance, a medical condition or poor vision. Do not take the test. Always politely decline to take the test. 10. If you have been arrested for a DWI/DUI it is very important to choose a lawyer who is competent and aggressive with skill & experience. Anthony N. Palumbo has over 35 years of trial experience and has handled hundreds of DUI cases. Contact him to protect your rights & freedom.
5. Menzel, John: DO'S AND DO NOT DO'S WHEN STOPPED FOR DRUNK DRIVING DO: * have your driver's license, registration, and insurance card ready for police * submit to a "pat down" search, handcuffing and arrest * ask for a lawyer * be polite, but... DO NOT: * answer police questions * volunteer information or engage in small talk * lie * do balance tests * Consent to police searching your car * sign anything DO'S AND DO NOT DO'S WHEN ARRESTED FOR DRUNK DRIVING DO: * ask for a lawyer again * give breath samples * submit to fingerprinting * go to a hospital or doctor as soon as you are released * insist that the hospital test your blood for ethanol * hire competent lawyer on the next business day DO NOT: * answer police questions * volunteer information or engage in small talk * do balance tests * consent to blood tests * sign anything NEW JERSEY DRUNK DRIVING What the State Must Prove to Convict You of Drunk Driving Prerequisites. Almost all drunk driving charges arise from arrests which are considered warrantless seizures. Seizures made without an arrest warrant are presumed to be unreasonable. Thus, the State must establish that the officer had probable cause to (a) stop you, and (b) arrest you for drunk driving. Probable cause is a reasonable basis to act, usually involving a suspicion that you violated the law. The State must establish probable cause by a preponderance of the evidence. Elements . Once these prerequisites are established, the court can consider the elements of the offense. To convict you of drunk driving, the State must prove beyond a reasonable doubt that you: ¥ operated or intended to operate ¥ an operable motor vehicle ¥ while either ¥ under the influence of liquor ¥ or with an alcohol concentration of 0.08 per cent by weight of alcohol in your blood or breath. Breath Tests. Breath testing is by far the most common way of testing for blood alcohol content [" BAC "]. The Breathalyzer is by far the most commonly used machine to test breath in New Jersey. What the State Must Prove to Show a Breath Test Is Reliable Before the court can hear what breath test results are, the State must establish certain things: ¥ The machine was working properly. ¥ The officer who operated the machine was certified by the Attorney General to use it. ¥ Radio frequency interference did not affect the machine. ¥ The test was given correctly. ¥ Chemicals in glass ampoules used in the test were of the proper amount and mix. Documents All Defendants Who Gave Breath Samples Should See in Discovery Before Deciding What to Do ¥ Police copies of the Summons and Complaint ¥ Drinking-Driving Report, including ¥ an observations check-off sheet and ¥ a narrative of investigation ¥ Alcohol Influence Report, including ¥ chemical test information: ¥ full identification of the machine used ¥ the type of machine used ¥ the machine's manufacturer ¥ the machine's model number ¥ the time of tests were given ¥ test results ¥ a breathalyzer operational checklist ¥ Breath Test Instrument Inspection Certificates, which show results of periodic inspection of the machine: ¥ one dated before your breath test ¥ one dated after ¥ others from the year before your arrest ¥ one showing when this machine was placed in service ¥ Breathalyzer Operator Certification Card ¥ assay report for ampoule chemicals ¥ State Police certificate of analysis for breath alcohol simulator solution documents you signed, if any Additional Trial Preparation: When to Hire an Expert If a defect afflicts the breathalyzer or its operation, the defense may call an expert witness, often a factory trained breathalyzer technician formerly certified by the Attorney General as a Breath Test Coordinator Instructor with the New Jersey State Police. The New Jersey State Police opposes defense attempts to call presently certified Breath Test Coordinator Instructors as experts for the defense. Consider hiring a medical doctor if you have a health problem that affects breath test results -- e.g., diabetes, hypoglycemia, asthma, fever, ulcers, hiatal hernia, and use of certain medications--or causes you to sway, stagger, have bloodshot watery eyes and droopy lids, fumble and move your hands slowly, and show other signs that may be mistaken for intoxication -- e.g., diabetes, hypoglycemia, inner ear and eye disorders, neurological deficits, and allergies.
6. Amoresano, Patrick: Now that we've all grown accustomed to using computers, finding an attorney on the internet is about as easy as finding coins in a coin shop, but choosing the right one can be a real challenge, an important decision requiring careful thought.
7. Herbert, Mike: Driving While Intoxicated ÒDWIÓ is a serious offence in New Jersey. N.J.S.A. 39:4-50 et. al., the New Jersey Drunk Driving Statute, sets forth mandatory penalties upon a plea or finding of guilt including loss of license, fines, potential jail time and insurance surcharges. Often people down play the serious impact that a court appearance for DWI has on their lives because the matter is heard in Municipal Court. Make no mistake; failure to secure competent legal assistance in this forum may lead to irreversible consequences. A defendant can receive a jail sentence upon conviction for a 1st offence under the New Jersey Drunk Driving Statute N.J.S.A 39:4-50. Hiring the right attorney to defend your DWI may result in minimizing the life altering consequences of a New Jersey Drunk Driving conviction. The key to a successful Drunk Driving defense is hiring the right Lawyer. Many Lawyers advertise that they can defend a New Jersey DWI. Few lawyers have the proper training and experience to provide a superior legal defense to a New Jersey Drunk Driving charge.
8. Yale Markus: New Jersey speeding or traffic tickets may add "points" to your New Jersey driver's license or result in motor vehicle violation penalties including fines, license suspension, New Jersey Motor Vehicle Commission "insurance" surcharges, and automobile insurance rate increases or policy non-renewals. Violations such as drunk driving, driving while intoxicated DWI, driving under the influence DUI, driving while suspended, leaving the scene of an accident with or without property damage or injuries, in addition to the above penalties, may result in jail time, higher fines, and longer suspensions. If stopped on reasonable suspicion of New Jersey drunk driving DWI DUI, you must take a New Jersey alcohol breath test (breathalyzer or Alcotest), and give at least two breath samples to police. Refusal to take the alcohol breath test includes remaining silent or asking police to speak with an attorney. The penalties can be severe for refusing to take the breath test whether or not your blood alcohol concentration is over the legal limit or you were actually drunk driving. If your blood alcohol concentration BAC is 0.08% or higher, measured by breath or blood test, then you are driving while intoxicated DWI or driving under the influence DUI.
9. Masciocchi & Appel: DRIVING WHILE INTOXICATED: The following is the new DWI law in New Jersey with all amendments as of April, 2004 N.J.S.A. 39:4-50 Driving While Intoxicated 39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject: (1) For the first offense: (i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance. Whenever an operator of a motor vehicle has been involved in an accident resulting in death, bodily injury or property damage, a police officer shall consider that fact along with all other facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section. A conviction of a violation of a law of a substantially similar nature in another jurisdiction, regardless of whether that jurisdiction is a signatory to the Interstate Driver License Compact pursuant to P.L. 1966, c.73 (C. 39: 5D-1 et seq.), shall constitute a prior conviction under this subsection unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08%. If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of this subsection. A court that imposes a term of imprisonment for a first or second offense under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, to an inpatient rehabilitation program or to an Intoxicated Driver Resource Center or other facility approved by the chief of the Intoxicated Driving Program Unit in the Department of Health and Senior Services. For a third or subsequent offense a person shall not serve a term of imprisonment at an Intoxicated Driver Resource Center as provided in subsection (f). A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes. (b) A person convicted under this section must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit, and of the Intoxicated Driver Resource Centers and a program of alcohol and drug education and highway safety, as prescribed by the chief administrator. The sentencing court shall inform the person convicted that failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied, unless stayed by court order in accordance with the Rules Governing the Courts of the State of New Jersey, or R.S. 39:5-22. Upon sentencing, the court shall forward to the Division of Alcoholism and Drug Abuse's Intoxicated Driving Program Unit a copy of a person's conviction record. A fee of $100.00 shall be payable to the Alcohol Education, Rehabilitation and Enforcement Fund established pursuant to section 3 of P.L. 1983, c.531 (C. 26: 2B-32) to support the Intoxicated Driving Program Unit. (c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the chief administrator. The court shall inform the person convicted that if he is convicted of personally operating a motor vehicle during the period of license suspension imposed pursuant to subsection (a) of this section, he shall, upon conviction, be subject to the penalties established in R.S. 39:3-40. The person convicted shall be informed orally and in writing. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40. In the event that a person convicted under this section is the holder of any out-of-State driver's license, the court shall not collect the license but shall notify forthwith the chief administrator, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle in this State, in accordance with this section. Upon conviction of a violation of this section, the court shall notify the person convicted, orally and in writing, of the penalties for a second, third or subsequent violation of this section. A person shall be required to acknowledge receipt of that written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of this section. (d) The chief administrator shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C. 52: 14B-1 et seq.) in order to establish a program of alcohol education and highway safety, as prescribed by this act. (e) Any person accused of a violation of this section who is liable to punishment imposed by this section as a second or subsequent offender shall be entitled to the same rights of discovery as allowed defendants pursuant to the Rules Governing the Courts of the State of New Jersey. (f) The counties, in cooperation with the Division of Alcoholism and Drug Abuse and the commission, but subject to the approval of the Division of Alcoholism and Drug Abuse, shall designate and establish on a county or regional basis Intoxicated Driver Resource Centers. These centers shall have the capability of serving as community treatment referral centers and as court monitors of a person's compliance with the ordered treatment, service alternative or community service. All centers established pursuant to this subsection shall be administered by a counselor certified by the Alcohol and Drug Counselor Certification Board of New Jersey or other professional with a minimum of five years' experience in the treatment of alcoholism. All centers shall be required to develop individualized treatment plans for all persons attending the centers; provided that the duration of any ordered treatment or referral shall not exceed one year. It shall be the center's responsibility to establish networks with the community alcohol and drug education, treatment and rehabilitation resources and to receive monthly reports from the referral agencies regarding a person's participation and compliance with the program. Nothing in this subsection shall bar these centers from developing their own education and treatment programs; provided that they are approved by the Division of Alcoholism and Drug Abuse. Upon a person's failure to report to the initial screening or any subsequent ordered referral, the Intoxicated Driver Resource Center shall promptly notify the sentencing court of the person's failure to comply. Required detention periods at the Intoxicated Driver Resource Centers shall be determined according to the individual treatment classification assigned by the Intoxicated Driving Program Unit. Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of $75.00 for the first offender program or a per diem fee of $100.00 for the second offender program, as appropriate. Any increases in the per diem fees after the first full year shall be determined pursuant to rules and regulations adopted by the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months; (ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year; (iii) For a first offense, a person also shall be subject to the provisions of P.L. 1999, c.417 (C.39:4-50.16 et al.). (2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L. 1999, c.417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L. 1995, c.286 (C.39:3-40.1). (3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L. 1999, c.417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L. 1995, c.286 (C.39:3-40.1). As used in this section, the phrase "narcotic, hallucinogenic or habit-producing drug" includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one Commissioner of Health and Senior Services in consultation with the Governor's Council on Alcoholism and Drug Abuse pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C. 52: 14B-1 et seq.). The centers shall conduct a program of alcohol and drug education and highway safety, as prescribed by the chief administrator. The Commissioner of Health and Senior Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C. 52: 14B-1 et seq.), in order to effectuate the purposes of this subsection. (g) When a violation of this section occurs while: (1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property; (2) driving through a school crossing as defined in R.S. 39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or (3) driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution, the convicted person shall: for a first offense, be fined not less than $500 or more than $800, be imprisoned for not more than 60 days and have his license to operate a motor vehicle suspended for a period of not less than one year or more than two years; for a second offense, be fined not less than $1,000 or more than $2,000, perform community service for a period of 60 days, be imprisoned for not less than 96 consecutive hours, which shall not be suspended or served on probation, nor more than 180 days, except that the court may lower such term for each day, not exceeding 90 days, served performing community service in such form and on such terms as the court shall deem appropriate under the circumstances and have his license to operate a motor vehicle suspended for a period of not less than four years; and, for a third offense, be fined $2,000, imprisoned for 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center, and have his license to operate a motor vehicle suspended for a period of 20 years; the period of license suspension shall commence upon the completion of any prison sentence imposed upon that person. A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L. 1987, c.101 (C. 2C:35-7) may be used in a prosecution under paragraph (1) of this subsection. It shall not be relevant to the imposition of sentence pursuant to paragraph (1) or (2) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session. (h) A court also may order a person convicted pursuant to subsection a. of this section, to participate in a supervised visitation program as either a condition of probation or a form of community service, giving preference to those who were under the age of 21 at the time of the offense. Prior to ordering a person to participate in such a program, the court may consult with any person who may provide useful information on the defendant's physical, emotional and mental suitability for the visit to ensure that it will not cause any injury to the defendant. The court also may order that the defendant participate in a counseling session under the supervision of the Intoxicated Driving Program Unit prior to participating in the supervised visitation program. The supervised visitation program shall be at one or more of the following facilities which have agreed to participate in the program under the supervision of the facility's personnel and the probation department: (1) a trauma center, critical care center or acute care hospital having basic emergency services, which receives victims of motor vehicle accidents for the purpose of observing appropriate victims of drunk drivers and victims who are, themselves, drunk drivers; (2) a facility which cares for advanced alcoholics or drug abusers, to observe persons in the advanced stages of alcoholism or drug abuse; or (3) if approved by a county medical examiner, the office of the county medical examiner or a public morgue to observe appropriate victims of vehicle accidents involving drunk drivers. As used in this section, "appropriate victim" means a victim whose condition is determined by the facility's supervisory personnel and the probation officer to be appropriate for demonstrating the results of accidents involving drunk drivers without being unnecessarily gruesome or traumatic to the defendant. If at any time before or during a visitation the facility's supervisory personnel and the probation officer determine that the visitation may be or is traumatic or otherwise inappropriate for that defendant, the visitation shall be terminated without prejudice to the defendant. The program may include a personal conference after the visitation, which may include the sentencing judge or the judge who coordinates the program for the court, the defendant, defendant's counsel, and, if available, the defendant's parents to discuss the visitation and its effect on the defendant's future conduct. If a personal conference is not practicable because of the defendant's absence from the jurisdiction, conflicting time schedules, or any other reason, the court shall require the defendant to submit a written report concerning the visitation experience and its impact on the defendant. The county, a court, any facility visited pursuant to the program, any agents, employees, or independent contractors of the court, county, or facility visited pursuant to the program, and any person supervising a defendant during the visitation, are not liable for any civil damages resulting from injury to the defendant, or for civil damages associated with the visitation which are caused by the defendant, except for willful or grossly negligent acts intended to, or reasonably expected to result in, that injury or damage. The Supreme Court may adopt court rules or directives to effectuate the purposes of this subsection. (i) In addition to any other fine, fee, or other charge imposed pursuant to law, the court shall assess a person convicted of a violation of the provisions of this section a surcharge of $100, of which amount $50 shall be payable to the municipality in which the conviction was obtained and $50 shall be payable to the Treasurer of the State of New Jersey for deposit into the General Fund.