Contact Our Middlesex County Marijuana DUI Defense Lawyers To Speak To The Former Prosecutor of Edison, New Brunswick, East Brunswick, Piscataway, Woodbridge, South Brunswick, North Brunswick & other towns in the County
Police throughout the New Jersey are cracking down on individuals driving under the influence of marijuana. The result of this increased influx of marijuana DWI cases has been re-examination of New Jersey law on this subject. A major issue of discussion in this regard has been whether or not the normal police officer is qualified to render an opinion that an individual is “under the influence” of marijuana. The reason for the debate stems from the fact that usually a specially trained police officer, referred to as a drug recognition expert (“DRE”), is required in order for the state to prove a drug DWI offense. However, in accordance with the New Jersey Supreme Court decision inn State v. Bealor, 187 N.J. 574 (2006), a narrow exception was originally provided to allow non drug recognition experts to establish intoxication where marijuana is the drug involved, so long as the officer has experience in field sobriety tests and marijuana intoxication. This area of the law is still evolving and this provides fertile ground for a lawyer skilled in handling DWI cases based on marijuana intoxication to obtain dismissal or downgrade of a 39:4-50 charge.
Exceptional Qualifications To Ensure You Have The Best Opportunity for an Acquittal
Our firm, the Law Offices of Jonathan F. Marshall, has exactly what is needed if you have been charged with a marijuana related 39:4-50 offense anywhere in Middlesex County. First and foremost, there are only approximately four (4) DWI/DUI only specialists in the state of New Jersey. What we mean is that there are this number of attorney who practice exclusively in driving while intoxicated and driving under of the influence of drugs defense. One of those defense lawyers, Colin Bonus, heads up our DWI Defense Department. Furthermore, members of our team have served as the municipal prosecutor in almost all of the towns in Middlesex County. This combinations of qualifications does not exist elsewhere to our knowledge and gives us a distinct advantage in helping you. In fact, Mr. Marshall assembled his team for the very purpose of accomplishing this goal (i.e. former prosecutors in towns where we defend cases and a DWI department head who specializes in this area of law). Our attorneys possess this level of expertise and are ready to fight for you in Sayreville, Woodbridge, Edison, New Brunswick, East Brunswick, Old Bridge and other courts. Give us a call for immediate assistance at 732-246-7126.
How Does a Prosecutor Prove a Marijuana DWI Charge?
New Jersey does not have an individual law that addresses marijuana DWI charges. Instead, both alcohol and drug DWI offenses are addressed in one law, N.J.S.A. 39:4-50, titled “Driving While Intoxicated”. To prove a case under 39:4-50 based on marijuana intoxication, the State must demonstrate beyond a reasonable doubt that the defendant operated a motor vehicle while under the influence of marijuana. Police use scientific evidence in the form of a urine test or blood test to establish that an individual had marijuana in his or her blood stream at the time of the stop. Since marijuana remains, however, in an individual’s system for literally weeks, additional evidence is needed to prove a marijuana DWI. Testimony must be provided to establish that the marijuana caused the accused to be “under the influence” and, by virtue thereof, was unable to operate a motor vehicle safely. The way the state establishes this element is through testimony from an officer trained in marijuana intoxication. This testimony will attempt, through objective tests and observations of the accused, to link the presence of marijuana in the blood stream (assuming a test indicate such a presence existed) with objective evidence demonstrating that the physical or mental capabilities of the driver were impaired. The reliability of this evidence can become a crucial aspect of any case, especially when you have a knowledgeable marijuana DWI lawyer at your side.
Penalties for Driving Under the Influence of Marijuana (i.e Marijuana DWI)
If you are convicted of driving while under the influence of marijuana, N.J.S.A. 39:4-50 triggers a mandatory drivers license suspension, fines, possible jail and other penalties, the extent of which hinges on whether it is a first offense, second offense, or third or subsequent 39:4-50 offense. The following is a breakdown of the respective penalties.
- First Offense: the period of suspension for a first offense is at least seven (7) months and can be as high as one (1) year in the discretion of the court. A first offender will also face fines and other monetary assessments that approximate $750, a $1,000 per year DMV surcharge for a period of 3 years, up to 30 days in jail, and must perform 12 hours in the Intoxicated Drivers Resource Center.
- Second Offense: a mandatory two (2) year drivers license suspension and jail term of 2 to 90 days must be imposed for a second offense. The financial consequences include a fine that can reach $1,000 and additional assessments, including the same three (3) year DMV surcharge of $1,000. A second offender must also perform 30 days of community service, serve 48 hours in the Intoxicated Drivers Resource Center, and have an ignition interlock installed in his or her vehicle for 1-3 following restoration of his drivers license.
- Third Offense (or Greater): the penalties for a third offense are severe. A ten (10) year license suspension must be imposed, along with a mandatory jail term of 180 days. The entire jail term must be served with the exception of 90 days that can be suspended provided they are served in an in-patient rehabilitation facility. A fine of $1,000, $1,500 per year/3 year surcharge, 1-3 years of an ignition interlock, and 90 days community service also apply.
If the violation is committed in a School Zone, as outlined by N.J.S.A. 39:4-50(g)(1)(3), the fines, period of license suspension, and jail term are significantly increased.
Woodbridge Driving Under the Influence of Marijuana Attorney
With at least four (4) former DWI prosecutors on staff and three (3) lawyers with over twenty (20) years of experience, not to mention being one of two firms in the entire state with its own Alcotest Machine, we have considerable resources to bring to the plate for you. The fact also cannot be ignored that our attorneys have handled hundreds of driving under the influence of marijuana cases in municipalities like Woodbridge, Edison, Old Bridge and East Brunswick over the last several decades. An attorney is available 24/7 to provide you the guidance you need to get through the challenging process of litigating your marijuana DWI offense. Give us a call for immediate assistance at 732-246-7126.
Frequently Asked Questions in Middlesex County Marijuana DWI Cases
Can I Drive Under The Influence Of Marijuana? No. New Jersey law makes it a crime to operate a motor vehicle while under the influence of marijuana. However, the prosecutor still must prove that you were “under the influence” of marijuana while you were driving. This is usually done through blood or urine tests, in addition to other evidence and observations. It may not be enough to convict you of driving under the influence of marijuana if the prosecution only shows that you had marijuana in your system, as the drug can remain in your blood or urine for weeks.
How Long Does A Person Remain Under The Influence Of Marijuana? It is important to understand that being under the influence of marijuana is different from having a detectable amount of marijuana in your blood or urine. Under the influence means that the amount of marijuana in your system was high enough to potentially cause you to be unable to safely operate a vehicle. Merely having marijuana detected in your system does not necessarily mean that you are or were under the influence of the drug at the time you were operating a vehicle and were arrested. Because there are varying levels of detectable marijuana, and each individual may respond differently to the drug, there is no concrete answer concerning how long a person can be considered under the influence of marijuana.
Can I Drive The Next Day After Smoking Marijuana? Unlike alcohol, marijuana can remain in your system for weeks. To be found guilty of driving under the influence of marijuana, the prosecutor must show that not only was marijuana in your system, but that it rendered you unable to safely operate a vehicle. This is usually done through blood or urine tests in conjunction with other evidence. While driving a car a full 24 hours after smoking marijuana should be fine, whether you can safely drive a car will depend on the amount of marijuana you consumed and the effect that exposure has on your motor skills.
How Do The Police Identify People Who Drive Under The Influence Of Marijuana? One of the more common indicators of a suspicion that a person is operating a vehicle under the influence of marijuana is the presence of the drug’s distinct smell. This will often lead to a search of the vehicle and field sobriety tests. If marijuana is discovered in the vehicle or the driver fails field sobriety testing, then they will likely be required to submit to blood or urine testing. If a certain level of THC (the active ingredient in marijuana) is detected, that person will likely be charged with driving under the influence of marijuana.
Are There Different Penalties For Driving Under The Influence Of Marijuana Versus An Alcohol DUI? No. New Jersey law does not have separate marijuana DUI laws nor marijuana DUI charges. If you are impaired by any substance, you can be charged with driving while intoxicated. The only difference between a marijuana DUI versus an alcohol DUI is the methods by which the prosecutor may use to prove that you were impaired while driving.
Can I Be Charged With Driving Under The Influence Of Marijuana If I Have A Prescription For It? Yes. While medical marijuana is legal in New Jersey, and certain individuals may lawfully be prescribed marijuana for medicinal purposes, possession of a valid prescription typically has no effect on whether you can be charged with driving while under the influence of marijuana. In fact, legally purchased medical marijuana will likely have a warning on the packaging informing users that they should never operate a motor vehicle at any time they are experiencing the effects of the drug. However, depending on your THC levels, you may be able to show that the amount present in your system was not high enough to render you incapable of operating a motor vehicle safely.
Can I Be Charged With Driving Under The Influence Of Marijuana If I Just Ate One Edible? Yes. THC, the active ingredient in marijuana, can get into your system in many ways. Edibles, tinctures, vape cartridges, and consuming marijuana flowers can all result in THC entering your system. No matter which method you employ, if you have a high enough level of THC in your system while you are operating a vehicle, you can be charged with driving under the influence of marijuana. In fact, some marijuana edibles can contain as much as 100 mg per serving.
