Topic: Mandatory Sentence-Dealing Drugs near a Bus Stop
Summary: Where a person deals drugs within 500 feet of a bus stop, the mandatory minimum sentence will apply regardless of whether the stop is marked or if school is not in session
Illustration: The defendant was convicted of dealing drugs within 500 feet of a school bus stop. He argued that since the bus stop was unmarked, he had no way of knowing that it was a school bus stop. He also argued that since school was not in session (it was after the end of the school year), the minimum should not apply. The Superior Court held that the mandatory minimum was applicable and that the statute creating the mandatory minimum does not require the stop to be posted or that school be in session.