Drug DWI

August 6, 2010

NJ Drunk Driving Update: How a New Jersey DWI Arrest Affects Out-of-State Motorists Caught Driving Under the Influence

Being pulled over by a policeman in New Jersey while driving under the influence of alcohol can be just the beginning of a difficult and costly episode in one’s life. Getting pulled over for DWI while visiting or just passing through the Garden State can mean a variety of things, not the least of which is denial of that individual’s right to operate a motor vehicle in this state.

As a New Jersey lawyer dedicated to defending individuals arrested for DWI, DUI or breath test refusal, I understand how easily a driver can end up with a drunk driving conviction on his or her record. As a former municipal prosecutor, my knowledge of the state’s procedures gives me better insight into the process and potential outcomes.

For out-of-state drunken driving offenders, the end result is dependant on a number of factors. Regardless of the circumstances however, being convicted of driving while intoxicated either by use of prescriptions drugs or liquor is something you should avoid if at all possible.

While a patrolman may not at first be aware of whether or not a driver has had too much to drink, the officer can stop you for any number of potential traffic violations such as running a red light, making a lane change without signaling or not maintaining ones lane.

New Jersey’s drunk driving laws apply to all motorists regardless of whether or not one is a resident. However, for out-of-state drivers a possible conviction for DWI does not arise as a result of the state where an individual obtained their drivers license. Specifically, when an individual licensed in a state other than New Jersey is charged with a drinking and driving offense here in New Jersey, all that this state can do is enforce the particular DWI, drug DUI and/or refusal charge by limiting that driver’s ability to operate a motor vehicle within New Jersey.
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July 28, 2010

Morris County, NJ, Police Blotter: More Arrests for Marijuana Possession in Car

by Jonathan F. Marshall

Anyone considering driving under the influence of marijuana should definitely understand the law here in the Garden State. In fact, anyone who knowingly is in possession of pot, weed or hash while operating a motor vehicle runs the risk of being arrested and charged with a violation of New Jersey law, specifically N.J.S.A. 39:4-49.1 – this is no joke. The cops will arrest you and local prosecutors will push for a conviction.

As a New Jersey DWI and drug DUI defense lawyer, I have years of experience in this area. Having been a former municipal prosecutor, I also know the lengths to which the state will go to secure a conviction. Understanding the prosecution’s tactics, however, helps me to provide an aggressive defense for individuals accused of violation the law.

A news article not long ago detailed a couple arrests out of Morris County. These marijuana possession cases are not unlike those that occur every month throughout the state. Whatever the circumstances, if marijuana is found in your car, the police will usually issue a summons for marijuana possession in a motor vehicle. If found guilty, you could have you driver’s license suspended for a lengthy two-year period with no chance for an special provisions or conditional license. Without the ability to drive, one could lose his or her job over such a conviction.

July 25, 2010

New Jersey DWI Defense Update: Considering the Differences Bewteen Drug DUI and Drunk Driving Cases

by Jonathan F. Marshall

Drunk driving arrests can happen anywhere, anytime. In the Garden State, state police and local law enforcement agencies have little tolerance for motorists who drive while under the influence of alcohol, prescription drugs and, and illicit and illegal drugs (also known as controlled dangerous substances, or CDS).

As a New Jersey drunk driving defense lawyer, I and my staff have vast experience defending drivers accused of operating a motor vehicle while impaired by alcohol or drugs. In fact, it is common for drunken driving charges to be brought against an individual who is suspected of driving under the influence of drugs (also known as DUID). These include but are not necessarily limited to narcotic, hallucinogenic, or habit-forming substances.

It is important to understand also that New Jersey law prohibits driving if a person is impaired by marijuana, cocaine, or other narcotics — which even includes prescription drugs such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge has been established in the 2006 court case of State v. Bealor. Furthermore, in State v. DiCarlo, the law actually defines the term narcotic — for the specific purpose of establishing a basis for driving while intoxicated charges here in New Jersey.

June 26, 2010

Union County, New Jersey, DWI Police Blotter: Cranford Drunk Driving and Drug DUI Arrests

by Jonathan F. Marshall

Marijuana and Drug Possession in a Vehicle

While not an instance of drug DUI, an Elizabeth, NJ, man was arrested on a Sunday evening after being stopped for driving with an obstructed view Law enforcement officers will usually use a common traffic infraction, such as incorrect lane change or inoperative brake light, to initiate a traffic stop that might result in a further drunken driving or prescription drug DUI arrest. In this particular case, the officer charged the driver with possession of marijuana, possession of drug paraphernalia including a hypodermic needle, and possession of suspected Oxycodone. The man was also served with summons for operating a motor vehicle with an obstructed view, driving under a suspended driver’s license, not to mention possession of a controlled and dangerous substance (CDS) in a motor vehicle.

Drunken Driving Arrest following Accident

June 20, 2010

Police Arrest Driver for Marijuana Possession Following High-speed Chase in Bergen County

by Jonathan F. Marshall

Some drug arrests have been known to start with a DWI or drug DUI traffic stop. There’s usually some reason for the initial stop, but a driver speeding down the highway is not a hard mark for a drunk driving or traffic enforcement patrol. A recent news report from Bergen County, NJ, shows the lengths that local police officers will go to apprehend a suspected drunken driver. As a New Jersey DWI defense lawyer, my legal experience includes years of defending motorists charged with driving while intoxicated either by alcohol, illicit drugs or prescription medications.

According to reports earlier this month, law enforcement officers from a number of towns in the vicinity of Mahwah, NJ, joined in a high-speed chase that began when a 1992 Toyota Celica was observed speeding along Route 17 in Mahwah around 2:30am. At that time, Mahwah Police Officer Stacy Conley apparently attempted to block the vehicle by pulling his patrol car across the highway with lights on. However, the Celica avoided the officer by veering onto the shoulder and kept traveling southbound at a high rate of speed.

The Celica’s driver, 26-year-old Shahan Momin, was eventually being pursued by police vehicles from Bergen County, Paramus, Rutherford and Lyndhurst. Toward the end of the chase, Momim reportedly tried to pull of of 17 onto Route 3 but lost control of his vehicle, which rolled several times ending up in an opposing lane of the roadway.

May 6, 2010

New Jersey DWI Defense Update: What Every Driver Should Know If Stopped for Drunk Driving — Part Two

by Jonathan F. Marshall

Understanding how the police and court system approaches drunk driving offenders is the first step in preparing yourself for a possible DWI arrest in the future. Of course, no one wants to be charged with driving while intoxicated and most people are usually unprepared when it does happen. But being taken into custody for driving under the influence is the beginning of a protracted extended process.

As a New Jersey drunk driving defense lawyer and former municipal prosecutor, I believe knowledge is power. Below are some additional pieces of information that go along with a previous entry elsewhere in this blog. My hope is this may help some drivers when if and when they are pulled over for DWI, drug DUI or marijuana possession in a vehicle.

When it comes to drunk driving, a police officer may suspect that you have been operating your car or truck while impaired. One way for the patrolman to make a decision on whether to take you to police headquarters for a breath test is the use of several standardized field sobriety tests.

Field sobriety tests are one of the main tools of law enforcement and can be used as one of many pieces of evidence to prove that you were, in fact, under the influence of alcohol or prescription drugs at the time of the arrest. These tests typically involve three separate tests:

1) The walk-and-turn test 2) The one leg stand test 3) The horizontal gaze nystagmus
This last one is something many people have seen in the movies and on TV where the patrolman asks the subject to follow a light or a finger with his eyes from one side to the other.

In addition to these tests, the officer will be watching and noting nearly every thing you say or do during the traffic stop, all of which may be used in court as evidence to gain a DWI or drug DUI conviction. Even how you get out of your car can be noted and used against you by the prosecutor’s office.
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April 28, 2010

NJ DWI-Drug DUI Defense News: Court Throws Out Cocaine Evidence due to Illegal Search

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, my job is to provide motorists accused of drunk driving or drug DUI an aggressive defense against the charges. Taking into account that the state’s case usually hangs on the strength of the evidence presented at trial, this evidence must not be tainted in any way for the prosecution to have a chance of conviction in instances of driving under the influence of alcohol or prescription drugs.

As a former municipal prosecutor myself, I know first-hand how important it is that police follow proper procedures when collecting evidence against an individual. If not done correctly, as a drunk driving defense lawyer, I know that opportunities exist to have the such evidence ruled as inadmissible by the court. A recent decision by the Superior Court of New Jersey, Appellate Division (STATE v. MANSOORY) overturned an earlier conviction based on the manner in which drug evidence was collected from a defendant’s vehicle at the time of the arrest.

Leading up to the original case against Darius S. Masoory, which was tried in Cape May County, the defendant was arrested on charges of possession of cocaine after a search of the defendant’s impounded vehicle, following his arrest on suspicion of drunk driving at a ferry terminal operated by the Delaware River Bay Authority (DRBA).

April 22, 2010

New Jersey DWI Police Blotter: Bergen County, NJ, Drunk Driving and Marijuana Possession Arrests

by Jonathan F. Marshall

Marijuana CDS

In a possible drug DUI incident in North Arlington, NJ, two 20-year-olds in a light truck were stopped by a police officer who had been alerted by local residents to a possible marijuana drug deal going on in a local neighborhood. The traffic stop occurred on Belmont Avenue just before 4pm on a weekday. When the two men — who apparently were passengers in the truck — denied holding any marijuana, the officer told them that he would call in a drug sniffing dog to investigate. At that point, one man reportedly ran from the scene. He was eventually caught and arrested. Both he and the other 20-year-old were charged with possession of controlled substance and later released on summonses.

In Lyndhurst on a Saturday evening, police approached an apparently suspicious looking car that was sitting in a lot on Chubb Avenue. As officers approached the occupied vehicle, they could detect the reportedly strong odor of marijuana coming from the car. Based on police reports, a 15-year-old passenger and resident of Belleville, NJ, was charged with possession of marijuana.

April 16, 2010

Morris County DWI and Drug DUI News: Madison, NJ, Drunk Driving Arrest Police Blotter

by Jonathan F. Marshall

In the early hours on a Wednesday morning, police observed a vehicle apparently being driven in an erratic manner. Pulling the car over to issue a traffic citation, the patrolman likely detected evidence of drinking and driving on the driver’s part, after which the 20-year-old female resident of Greenvillage, New Jersey, was arrested for driving while intoxicated. The officer took the allegedly drunken driver to police headquarters and charged with DWI. She was released to the custody of a friend not long afterward.

In a potential case of drug DUI, a 19-year-old out-of-state woman was found by police to be in possession of possession of marijuana and drug paraphernalia following a routine traffic stop in the municipality of Madison, New Jersey. Although the officer in charge had originally stopped the vehicle apparently for a moving violation, he discovered that a passenger was in possession of a schedule 3 narcotic. The woman was transported to headquarters for processing and later released pending a court appearance.

During a routine early evening traffic stop for defective vehicle, a Madison, NJ, police officer apparently suspected that one of the passengers in the vehicle may have had some kind of controlled dangerous substance (CDS) on his person. The suspect, a 19-year-old Fairlawn man, was arrested and charged with possession of marijuana, possession of prescription legend narcotics, and possession of drug paraphernalia. Officers transported the man to headquarters for processing and then released him pending a court appearance.

April 14, 2010

NJ Drug DUI News: Morris County Police Arrest Driver on Possible Marijuana, Cocaine CDS DUI Charges

by Jonathan F. Marshall

As a New Jersey drunk driving defense attorney, I understand how alcohol — beer, wine, hard liquor and other adult beverages — remains the so-called legal drug of choice for most people. Other illicit drugs such as marijuana, cocaine, meth and illegally procured prescription medications are the other side of the coin.

Regardless of the type, society, the courts and the police have made it clear than any substance that impairs motor skills when driving is deemed a threat to the public’s safety. That is why we have DWI laws and drug DUI statutes as well. Being stopped by the cops for driving while intoxicated, whether due to home-brewed ale or home-grown weed will likely get you arrested.

Having a qualified drunk driving attorney at your side is one of the better strategies in cases such as this. A recent news story coming out of Mount Olive, NJ, illustrates the kind of arrest that happens many times over during the year. According to reports, an out-of-state motorist was pulled over for a routine traffic violation — a broken windshield and an obscured license plate.