N.J.S.A. 2C:35-10(b) makes it a disorderly persons offense for someone to use or be under the influence of marijuana or other forms controlled dangerous substance (“CDS”). This law does not apply, however, where the drug was prescribed by a licensed physician for treatment of an illness or injury. If you have been charged with being under the influence of drugs or using some form of CDS under 2C:35-10(b), our law firm can help you. Every attorney on our staff has experience in handling drug charges and several even have over 20 years defending these types of charges. We also routinely appear in all of the municipal courts in Middlesex County, including handling many cases in the busier ones like Woodbridge, Edison, Piscataway, and East Brunswick. Give us a call at 732-246-7126 for assistance.
What Does The Prosecutor Have to Prove?
All that must be established is that the accused manifested physical and/or physiological symptoms that would support the fact that they were under the influence of drugs. The types of symptoms that might be relevant in this regard are needle marks, inflamed nasal passages, blood shot eyes, odor of drugs, alertness, difficulty with gait, or anything else to demonstrate impairment. And it is important to keep in mind that the police and prosecutor need not establish the exact drug that was causing the impairment; all that is required is a showing that the accused was under the influence of some form of CDS.
Penalties for Being Under the Influence of CDS
There are significant consequences if someone is found guilty of violating N.J.S.A. 2C:35-10(b). A mandatory fine of $500 must be imposed, along with a laboratory fee of $50. A jail term of up to six (6) months may also be imposed by the court. There is a mandatory six (6) month drivers license suspension for anyone found guilty of this offense as well. The suspension may only be waived by the court upon a showing of exceptional circumstances.
Avoid A Criminal Record for Using Drugs
If someone is found guilty of this offense, they automatically have a 2C criminal record. What this means is that employers, banks, landlords, and other individuals will know that you were convicted of this offense if they take the time to do a background check. This certainly is a negative ramification that you should do your very best to avoid. Hiring the right attorney, one with years of experience appearing in Old Bridge, North Brunswick, Sayreville or another Middlesex County court where your case is pending, can make all the difference. We believe that we present a good option in this regard. Give one of our experienced defense lawyers and former prosecutors a call now at 732-246-7126.
