Drug DWI

November 2, 2018

Study Indicates that States Which Legalized Marijuana Have More Auto Accidents

Were you or someone close to you recently arrested for drugged driving in New Jersey? If so, we can help you defend against these charges. Our hard-working New Jersey DWI attorneys will work diligently to have your charges reduced or, if possible, dropped altogether. We will review your case and discuss all of your legal options with you during a free, no obligation consultation.

The Insurance Institute for Highway Safety recently revealed that motor vehicle accidents in states where recreational marijuana is now legal have gone up by 6 percent. The increase has been seen in states such as Colorado, Nevada, Oregon and Washington where marijuana is legal for recreational use when compared to neighboring states where the drug is still illegal. However, everyone may not agree with these findings. The National Highway Traffic Safety Administration claimed that marijuana use was not likely to contribute to traffic accidents in any significant way a few years ago in 2015 and has not appeared to change its position on the matter. It is important to note that marijuana is still an illegal controlled substance under federal law.

Drug DWIs In New Jersey

In New Jersey, DWI does not only apply to driving while intoxicated by alcohol. Rather, any substance that hinders a person’s ability to drive safely, even minimally, can lead to being charged with a DWI. A drug DWI, also referred to as driving under the influence of drugs (DUID), in New Jersey takes place when a person’s normal use of mental or physical faculties are weakened due to a drug or any combination of drugs. This includes any drugs, whether they are illegal, controlled substances and over-the counter medications. Common examples of drugs that give rise to a DUID charge include:

Marijuana;
Cocaine;
Opiates;
Xanax; and/or
Sleeping pills.

September 11, 2018

“If You Drive High, You Get a DUI” – New Jersey Adopts New Campaign

by Jonathan F. Marshall

If you have been charged with driving under the influence of drugs, obtaining legal counsel early could potentially help you avoid thousands of dollars in fines, and even jail time. Our highly skilled New Jersey DWI attorneys will meticulously analyze the circumstances of your case so we build the strongest defense possible.

You have probably heard of the “Drive Sober, Get Pulled Over” campaign in New Jersey but the state has now launched another campaign. The National Highway Traffic Safety Transportation added this component to its campaign to run through Labor Day weekend – a time when drunk driving accidents typically spike. The new message read as follows “When you feel different, you drive different. If you drive high, you get a DUI.”

In New Jersey, almost one-third of traffic related fatalities in the state involve alcohol impairment. With the possible legalization of marijuana, coupled with increasing drug DWI rate in the state, the campaign aims to alert the public about the consequences of driving under the influence–and perhaps for good reason, since drugged driving rates appear to be on the rise across the country. According to one National Highway Traffic Safety Administration’s National Roadside Survey, more than 22 percent of drivers tested positive for illegal, over-the-counter or prescription drugs.

August 21, 2018

Dead Drivers Tested Positive for Drugs More Often than Alcohol In New Jersey, AAA Reports

by Jonathan F. Marshall

A drugged driving charge should never be taken lightly because it can have far-reaching consequences for a person’s life. If you have been charged with or arrested for allegedly driving under the influence of drugs, you need a seasoned New Jersey drugged driving attorney on your side. With extensive experience in this area of law, we understand the defenses that may apply. You can rest assured that we will zealously fight to protect your rights at every step of your case.Drugged driving has become a bigger problem than drunk driving in New Jersey. In fact, according to AAA Northeast, which scrutinized traffic fatality data from the past decade, more dead drivers in New Jersey tested positive for drugs than alcohol in 2016 and 2017, reversing the trend from 2007 to 2014.

Cannabinoids and narcotics were the drugs most commonly found in deceased drivers. The data show that during 2016, about 39 percent of fatally injured drivers tested positive for drugs, with approximately 19 percent testing positive for cannabinoids and 12 percent for narcotics. These figures have significantly increased from 2007, when there were a total of 55 fatally injured drugged drivers, or 15 percent testing positive for drugs, with 6 percent testing positive for cannabinoids and just 3 percent for narcotics. Alcohol on its own, however, played a role in more deaths than any individual drug.

June 27, 2018

Study Finds More Fatal Crashes Linked to Drugged Driving than Drunk Driving

by Jonathan F. Marshall

If you have been arrested for driving under the influence of drugs, you need the help of a skilled New Jersey drug DWI attorney who can help. A driving while intoxicated (DWI) conviction can have serious and far-reaching consequences for your life. Thus, such a charge should not be taken lightly. Our firm can assess the merits of your case and evaluate any and all potential defenses that may be applicable.

In New Jersey, the basic offense of a DWI takes place when a person operates a motor vehicle with a blood alcohol content (BAC) of 0.08 or above. Under state law, it is illegal to operate a vehicle if your ability is impaired, even if you took prescription or over-the-counter drugs. In other words, the drugs do not have to be illegal to form the basis of a DWI.

A recent report released by the Governors Highway Safety Association found that drugged driving is becoming more of an issue on the roads, and more and more drivers in deadly crashes are found with drugs in their system. In fact, the study found that more drivers were high than drunk in 2016. Over the past decade, the rate of drunk driving has decreased by about 3 percent, but drugged driving has increased by 16 percentage points from 2006 to 2016. Consider the following: approximately 44 percent of drivers who died in car crashes in 2016 were on drugs at the time, while in 2006, only 28 percent were.

January 17, 2018

The Opioid Crisis and New Jersey DWIs

by Jonathan F. Marshall

There is little doubt that the United States is facing a crisis involving opioid abuse and addiction. As a result, police and prosecutors have seen a rise in DWI cases involving various types of painkillers. If you or someone close to you has been arrested for a drug DWI, it is imperative to reach out to a skilled New Jersey drug DWI attorney without delay. With years of experience, we have the knowledge base needed to defend you throughout the entire legal process.

The Centers for Disease Control and Prevention reports that the opioid epidemic killed more than 33,000 people across the United States in 2015. That is an average of 91 opioid overdose deaths every day. Overdose deaths were nearly equal to the number of deaths from car accidents. In 2015, for the first time, deaths from heroin alone surpassed gun homicides. In New Jersey, at least 1,901 people died from opioid overdose in 2016. A study conducted by the University of Nebraska Medical Center found that prescription opioid pain killers led to impaired driving in many patients, creating a risk on the nation’s roads.

Due to the prevalence of opioid abuse, this issue is undoubtedly on law enforcement’s radar. New Jersey law makes it illegal to operate a motor vehicle while impaired by either alcohol or drugs or both. Put simply, it is illegal to drive under the influence of any impairing substance, whether it is illegal, over the counter, or prescription. This law is codified in New Jersey Statute 39:4-50, which prohibits persons from operating a motor vehicle under the influence of “any narcotic, hallucinogenic or habit-producing drug.” Use of any or all of these medications can form the basis of a drugged driving charge in New Jersey.

November 1, 2017

MADD is Concerned About the Legalization of Marijuana

by Jonathan F. Marshall

If you were arrested on suspicion of driving impaired by marijuana, it is imperative to reach out to a seasoned New Jersey drugged driving defense attorney who can help. The consequences of such a charge can be severe. You can rest assured that we are here to answer your questions and build you a strong defense in your case.

Mothers Against Drunk Driving (MADD) has expressed concerns about the repercussions of the legalization of marijuana on the roads. States, such as Washington, Oregon, and Colorado, that have already approved the use of marijuana have seen a sharp increase in fatal accidents. The Insurance Institute for Highway Safety and the Highway Loss Data Institute found that highway crashes increased by 3 percent overall in those three states after the legalization of recreational marijuana use.

MADD’s concern is well founded and supported by other statistics as well. Drugs, both legal and illegal, are involved in approximately 16 percent of motor vehicle crashes, according to the Centers for Disease Control and Prevention (CDC). The CDC also found that marijuana use has been increasing, and about 13 percent of nighttime and weekend drivers have marijuana in their system. Additionally, marijuana users were 25 percent more likely to be involved in a wreck than non-marijuana users, although other factors, such as age and gender, may also account for the increased crash risk.

April 19, 2017

Driving Under the Influence of Drugs in New Jersey

by Jonathan F. Marshall

Driving under the influence of drugs, legal or illegal, can be a serious offense in New Jersey. If you or someone close to you has been arrested for driving under the influence of drugs (DUID), it is important to reach out to an experienced New Jersey DUID attorney who can help you understand your rights. A conviction for driving under the influence of drugs can have serious and far-reaching consequences for your life. Don’t let this type of charge stain your clean record.

Under New Jersey Statute 39:4-50, drugged driving laws prohibit “any narcotic, hallucinogenic or habit-producing drug.” Illegal drugs, over-the-counter medication, and prescription medication can all form a basis for a New Jersey drugged driving charge, since all of these have the potential to impair an individual’s ability to drive, just as alcohol does. If you have a medical condition that necessitates the use of a banned substance, you must establish that it did not impair your ability to drive, or you must not drive.

According to the National Institute on Drug Abuse (NIDA), drugged driving can have the same effects as drunk driving, putting others on the road at risk. According to one NIDA report, a nationwide study of deadly motor vehicle crashes found that almost 50 percent of the drivers who had tested positive for drugs had consumed a prescription drug, such as a painkiller or anxiety medication. The National Highway Safety Traffic Administration reports that in a recent survey, nearly one in four drivers tested positive for at least one drug that could affect safety.

September 25, 2014

Garden State DUI Update: Driving While Legally Medicated Can Still Lead to a Drug DUI

by Jonathan F. Marshall

There is no doubt that drinking and driving is an activity that happens with extreme frequency here in New Jersey. As Garden State DWI defense attorneys, my highly skilled legal staff has many years of representing motorists charged with being intoxicated behind the wheel of a motor vehicle on the roadways, interstates and highways of our state. While most people typically associate a DUI charge as being alcohol-related, a fair number of police arrests for impaired driving involve some kind of drug.

Of course, one person’s illicit drug may be another’s legal medication. And while there are more than a few arrests for drug DUI involving some kind of illegal drug (also referred to as a controlled dangerous substance, or CDS), many other drug DUI charges are based on impairment due to doctor-prescribed medications. The legal aspect of the actual substances may be starkly different — and a possible further complication to one’s DUI arrest — but in the eyes of the law, impaired driving is impaired driving regardless of the type of substance causing the impairment.

Since driving under the influence is more commonly linked to alcohol consumption, it may be instructive to remind the driving public that, just like too much alcohol, taking certain medications — prescription or over-the-counter — may interfere with a motorist’s ability to operate his car, truck or motorcycle. As many doctors will point out, every patient who is taking one or more kinds of doctor-prescribed drugs should be aware of the potential side effects of those meds, either alone or in combination.
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September 15, 2014

Garden State DWI News: Monmouth County Police Charge Multiple Drivers with Drunk Driving and DUI

by Jonathan F. Marshall

Whether you live or travel in the Monmouth County area, municipalities such as Asbury Park, Manalapan Township and Red Bank all see their share of intoxicated and impaired driving these days. As long-time DWI defense lawyers, my legal team has represented hundreds of individuals from all around the Garden State who have been accused of driving under the influence of alcohol, prescription medications or illegal drugs, also known as controlled dangerous substances (CDSs).

Quite often one can find the results of police activities in the local police blotters published by news agencies all around the state. The following is a brief list of the kinds of police arrests that take place on a regular basis here in New Jersey. While the circumstances are always unique, the situations that arise are often very much the same when it comes to the how and why of many traffic stops; they illustrate the typical course of events that many drivers experience year in and year out when it comes to drunk driving and drug DUI.

Asbury Park Arrests include DWI and Drug Possession
Law enforcement personnel in the Asbury area have been making drug-related arrests for many years. In recent weeks, according to reports, police have made arrests for possession of drug paraphernalia, intoxicated driving and marijuana possession. During the long Labor Day weekend, officers arrested several people including a 32-year-old out-of-state man for heroin and cocaine possession, as well as five prescription legend drugs.
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September 7, 2014

Arrested for DWI Over the Labor Day Holiday? How a New Jersey DWI-DUI Attorney Might Help

by Jonathan F. Marshall

Now that summer is officially over, there are still many Garden State motorists awaiting their day in court to answer to charges of impaired driving lodged against them by local and state police during the long Labor Day holiday. Whether arrested for intoxication by alcohol or impairment via some kind of drug (either legally obtained prescription medications or illicit substances, like marijuana or cocaine), the odds of paying dearly for an error in judgment or momentary indiscretion can be quite high.

As New Jersey DWI defense lawyers, my law firm is dedicated to assisting those individuals who have been accused of a serious drunken driving offense. Though many people would disagree, until it actually happens to them, even an instance of breath test refusal can lead to costly penalties. If you or someone you know was arrested for drunk driving arrest, drug DUI, or CDS (controlled dangerous substance) possession, my colleagues and I understand how frightening the future may seem without a good plan in place.

Whether you were arrested in Middlesex, Hudson, Ocean or Bergen County, it is certain that the memories a carefree holiday weekend were overshadowed by the stark reality of a DUI-DWI charge. Sadly this is a scenario that plays out all too often; sometimes on the way home from a family gathering or a cordial neighborhood block party, many times traveling home from a night out at the bar. Whatever preceded, the end result can be thousands of dollars in fines and insurance premium assessments, loss of driving privileges and even jail time.
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