Marijuana DUI

August 19, 2011

Monmouth County Police Blotter: Red Bank Police Tote Up Drunken Driving Arrests in July

Here in the Garden State, drunken driving arrests are not uncommon, especially during the summer months when company picnics, family gatherings and friendly get-togethers are much more frequent. The point is, while being pulled over for driving under the influence may not be unusual during most of the year, getting a summons for DWI or breath test refusal this time of year can be downright predictable, at least to experienced drunk driving attorneys.

A range of alcohol- and drug-related arrests can be seen every week in the police blotter section of the news pages here in Monmouth County, as well as Ocean, Bergen and Middlesex counties. As professional drunken driving defense lawyers, I and my staff have seen our share of courtroom scenarios, from auto accidents allegedly caused by motorists accused of driving while intoxicated by beer, wine or hard liquor, to individuals arrested and charged with impaired driving related to prescription drug use (drug DUI).

And we are no strangers to defending drivers charged with DUIs allegedly caused by controlled dangerous substances (CDS) like marijuana. Whether the charge is DUI or simple possession of weed in a motor vehicle, anyone accused of these kinds of offenses should take very seriously the implications and potential penalties for a conviction on such charges.
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August 5, 2011

Mercer County, NJ, Drunk Driving News: DWI and Drug Possession Arrests in East Windsor Twp.

by Jonathan F. Marshall

As drunken driving defense attorneys, I and my experienced staff of DWI lawyers understand the monetary and legal implications of a drunken driving or prescription drug DUI arrest faced by many motorists. Getting a ticket for driving under the influence is nothing to take lightly, even as a first-time DWI offender. Although it may not appear to be a serious issue, many people do not realize the potentially life-altering events that a drunk driving conviction can set in motion.

Of course, even a summons for driving while intoxicated or breath test refusal can impact a person’s personal life, job situation or standing in his or her local community. Add a conviction on top of an arrest, and this can translate into a significant event for almost anyone accused of operating a motor vehicle while impaired by alcohol, prescription drugs or other controlled dangerous substance, such as marijuana.

As a New Jersey drunken driving and drug DUI attorney, my firm defends individuals from all around the Garden State including Monmouth, Atlantic, Burlington and Hudson counties. And while the facts behind every DWI or drug DUI case are unique, the circumstances of the arrest can be similar. As well, the consequences and possible DWI penalties for a drunk driving conviction in New Jersey are usually very comparable based on the seriousness of the charges.

Below are a number of news items from around Mercer County, based on police blotter information from local news sources. These few items represent just a fraction of the arrests that take place every week in and around the state. Of these, police officers make dozens of arrests for variety of drunk driving and prescription medication DUI violations. The penalties for drivers found guilty of DWI or drug-impaired operation of a motor vehicle can be quite costly.
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June 30, 2011

Toms River Legal Defense News: Ocean County to Increase Drunken Driving Checkpoints to Curb Summer Accidents

by Jonathan F. Marshall

Now that summer is in full swing here in the Garden State, there are numerous occasions to celebrate; family gatherings, company outings, and after-work events in restaurants and bars throughout the state. Although the state police and local law enforcement agencies have been doing their part to curb the amount of drinking and driving on New Jersey roadways for years now, every week dozens of drivers are charged with DWI or impairment due to prescription medication (drug DUI).

As drunken driving defense lawyers representing people in Bergen, Monmouth, Passaic and Atlantic County, as well as the rest of the state, we understand fully the negative impact that a drunk driving conviction can have on a person’s career and personal life. It isn’t just the monetary hit that a driver takes following a sentence for first-time DWI or drug DUI. A driver’s insurance rates will automatically go up significantly and remain there for several years.

One of the places that drivers get arrested for drinking and driving is the all-too-common sobriety checkpoint. Also known as a DWI or drunken driving roadblock, these temporary checkpoints are erected by police in areas that typically have a high incidence of DWI or DUI arrested. This fact is the justification for state and local police to set up a roadblock in order to assess drivers’ sobriety one at a time.

According to news reports, New Jersey, along with other states across the country, will be participating in a continuation of what has become a summertime staple — the DWI checkpoint program. This ongoing program includes the operation thought our state of multiple checkpoint locations in various counties, such asOcean County. Sobriety roadblocks reportedly work by supplementing local police enforcement of drunken driving laws.
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May 28, 2011

Morris County, NJ, Legal Defense: Is Hiring a New Jersey Drunken Driving Lawyer Really Necessary?

by Jonathan F. Marshall

Whether you’ve received a summons for driving while intoxicated or been arrested for prescription drug DUI, there’s a good chance that you’ve been wondering if a drunken driving defense attorney is worth the expense. It makes little difference whether you live in Morris, Ocean or Middlesex County, if you’ve been stopped by the NJ State Police or a local patrol officer, the resulting drunk driving arrest and possible conviction can complicate most anybody’s life.

Because there is so much to lose as a result of being convicted for drunk driving or illicit drug DUI, it’s a good idea to consult with an experienced DWI attorney to find out where you stand. Penalties for driving under the influence of alcohol, marijuana or other controlled dangerous substance (CDS) make it almost imperative to hire a drunken driving defense lawyer.

Maybe a recently traffic stop resulted in a DWI arrest, or perhaps a motorist received a summons for being intoxicated while parked on the roadside, the initial question one must ask is, “Was I really drunk?” The answer to this question is maybe yes, but maybe no. It all depends on the facts and the way in which the police conducted the initial traffic stop and subsequent DUI arrest.

Considering whether or not a DWI charge was warranted, a drunk driving defense attorney can look at all the specifics involved in the case and determine if a conviction is likely. Maybe it is, but one thing is certain, as with any aspect of the law a drunk driving conviction relies on a variety of factors and no outcome is ever written in stone.
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April 28, 2011

Monmouth County DWI Defense: Things to Consider Following a Drunk Driving Arrest in New Jersey

by Jonathan F. Marshall

Whether you live or work in Ocean, Sussex, Bergen or Union County, it’s likely that nobody expects to be pulled over by police and arrested on charges of driving under the influence of alcohol. Here in Monmouth County, as in the rest of the Garden State, I and my staff of experienced DWI defense attorneys fully understand the anxiety and trepidation that follows a drunken driving or drug DUI police stop.

For first-time drunk driving arrestees, and even those picked up for driving under the influence of prescription medication or illicit drugs such as marijuana, the experience can be a shock. But more than that, not taking action and leaving one’s fate in the hands of the court is something that no one should allow to happen, if they can help it.

Of course, second and third-time offenders have a different set of circumstances to deal with, but in general, we always recommend that motorists consult with a qualified DWI lawyer. The reason is simple: being cited for impaired driving — whether allegedly due consumption of beer, wine or hard liquor; prescription pain medication or a controlled dangerous substance (CDS) — is nothing to be taken lightly.

Careers, marriages, and reputations have been ruined by drunken driving and DUI convictions. Of course, being arrested for driving while intoxicated can happen night or day. It usually, but not always, happens with a seemingly routine police stop for a supposedly minor traffic infraction — something as insignificant as a faulty taillamp. Other times it can come at the location of a drunk driving roadblock (also known as a sobriety checkpoint).

Regardless of the circumstances, once charged with a DWI one should as a matter of course contact a DWI-DUI defense attorney. My office has handled enough DWI cases and spoken with so many people charged with DWI or DUI that we know it’s not a wise idea to represent yourself in front of the court. Not only can the process of fighting a DWI arrest be confusing to the first-time defendant, there is no way that a layperson can come fully prepared to face the court – at least, not like one can with a qualified DWI defense lawyer at one’s side.
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March 9, 2011

NJ Drug DUI Defense Update: Understanding the Difference between Drug DUI and DWI Charges

by Jonathan F. Marshall

I’ve said it here before, and most people understand that DWI arrests can occur almost anywhere, and almost any time. No matter where you live in the Garden State, be it Morris, Hudson, Mercer or Atlantic County, state police troopers and other local law enforcement officers have but little tolerance when it comes to drunken driving on the part of area residents, not to mention out-of-state drivers.

This lack of tolerance covers a range of offenses such as alcohol-related DWI and drug-related DUI, the latter of which includes prescription drugs and marijuana, not to mention seriously illegal drugs like cocaine and heroine. This last group comes under the heading of controlled dangerous substances, better known as CDS.

Being a New Jersey DWI defense lawyer, I offer a vast amount of experience in the defense of motorists accused of operating a motor vehicle while intoxicated by beer, wine or other alcoholic beverages or impaired due to the affects of CDS-type drugs. It commonly accepted that police routinely will charge a driver with drunken driving when he or she is suspected of driving under the influence of drugs (DUID). These drugs can include but are not limited to narcotic, hallucinogenic and/or habit-forming substances.

To understand the process of charging a driver with drug DUI, it is also important to know that New Jersey law prohibits operating a motor vehicle by a person who is impaired by marijuana, cocaine, or other narcotics. This group also includes prescription medication such as morphine. For legal purposes, the standard of proof used to establish a narcotic-based DWI charge was established about five years ago in State v. Bealor. Moreover, State v. DiCarlo defines the term “narcotic” for the specific purpose of establishing a basis for driving while intoxicated charges here in the Garden State.
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March 3, 2011

NJ Drunk Driving Defense News: Marijuana DUI Arrests Likely to Rise as Police Crack Down

by Jonathan F. Marshall

If you thought drunken driving was only for motorists caught while operating under the influence of beer, wine or hard liquor, you may want to take a step back and consider the growing number of headlines talking about drug DUI. Being arrested for driving while intoxicated used to mean an alcohol-related DWI, but with the increasing use of prescription medications and illegal drugs, such as cocaine and marijuana, police nationwide are seeing more and more drug-related DUIs than ever before.

As a New Jersey DWI defense lawyer, I and my staff understand the finer points of the law pertaining to drunk driving, breath test refusal and underage drinking offenses. Whether you live in Ocean, Monmouth or Middlesex County, there is always a possibility that you or a family member could be pulled over for drunk driving. And while alcohol used to be known as the drug of choice, weed or cannabis has apparently been waiting in the wings to make its debut.

According to a news story not long ago, courts and law enforcement agencies around the country are cracking down on drivers who allegedly operate their cars and truck under the influence of marijuana. In what it calls a growing problem, marijuana DUI may become as large a problem for police departments across the nation as alcohol-related drunken driving once was.

In fact, a study by the National Highway Traffic Safety Administration (NHTSA) earlier this year indicates the number of pot-related traffic accidents has been increasing annually since 2005.
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February 28, 2011

New Jersey Marijuana Defense: Did Police Find Weed in Your Car? Better Contact an Experienced Attorney

by Jonathan F. Marshall

With more and more states voting to allow medical marijuana sales in cities and towns across the country, the opportunity for DWI and drug DUI arrests involving the possession of weed (or cannabis) has become much more real. Because of the increasing use of hash as a medicinal drug, the lines are getting blurred between what is and what isn’t legal. Pot, as many will point out, is still illegal without a doctor’s prescription in states that allow it, but even in those that do, local laws may leave legitimate users feeling vulnerable.

It’s no secret that regardless of whether or not a state has passed medicinal marijuana laws, law enforcement agencies will still be pulling motorists over who may possibly be impaired due to driving while under the influence of a controlled dangerous substance (CDS) such as marijuana or cocaine.

Regardless of whether a driver is impaired due to smoking pot (drug DUI), or because of alcohol consumption (DWI), or just falling asleep behind the wheel, a police officer will still be looking for those telltale signs of possibly erratic driving. Using a simple traffic or defective equipment offense as a justification for the traffic stop, a patrolman may then notice that the driver is exhibiting impaired behaviors.

Marijuana is one of the more common drugs in use around the Garden State and as such arrests for marijuana possession in a motor vehicle are relatively common occurrences. Possession in a vehicle is a chargeable offense that usually requires the services of a qualified New Jersey drunk driving or DUI defense lawyer.

The questions that anyone charged with marijuana possession in a vehicle should ask themselves include the following:

Did the patrolman have probable cause prior to stopping me?
Did the officer conduct a proper search of my car (or my person)?
Can a municipal prosecutor actually prove possession or control of the marijuana discovered by the police?
Did the police maintain a proper “chain of custody” and testing of the alleged marijuana?

February 26, 2011

Garden State Municipalities Turn to Social Network Sites to Discourage Drunken Driving

by Jonathan F. Marshall

We’ve discussed this before, but anyone who wishes to maintain the respect of their family, peers and business associates should be very sensitive to the potential embarrassment that a drunken driving conviction can bring upon them. Reputations, friendships and marital relationships have been torn apart following a DWI arrest and subsequent conviction.

And it doesn’t really matter where in the Garden State you live, be it Morris, Middlesex, Ocean or Atlantic County, being pulled over and hit with a summons for driving under the influence is no laughing matter, especially to well established and respected members of the community. As New Jersey drunk driving defense attorneys, we have seen how a conviction for driving while intoxicated can impact multiple offenders as well as first-time DWI arrestees.

While most people would agree that a conviction for drug DUI, such as marijuana use, could certainly result in complications at work or school, even a DWI for consuming beer or wine can result in unforeseen consequences. To make things worse, municipalities around the country are looking at social networking sites, such as Facebook, to publish names and photos of drunk driving offenders.

February 6, 2011

New Jersey Drunk Driving Arrests Follow Multiple Steps before a Final, Possible DWI Conviction

by Jonathan F. Marshall

It doesn’t matter where you live in the Garden State — Atlantic, Bergen, Monmouth, Passaic or even Ocean County — as a motorist there is always that possibility that you will be pulled over by the New Jersey State Police or a local patrolman for one of dozens of relatively minor traffic offenses. But an interesting fact is that nearly every DWI arrest begins with a routine traffic stop.

As a drunken driving defense lawyer, I and my colleagues have defended literally hundreds of individuals charged with driving under the influence of alcohol, prescription meds or even illicit drugs such as marijuana or cocaine. Being stopped for something as seemingly minor as a burned-out taillight can actually result in some motorists receiving a summons for drinking and driving.

Some people may not realize that for an arrest for drunken driving to be legal it must have been preceded by what state law defines as “reasonable suspicion.” In this case, the suspicion would be that the driver of vehicle has committed a traffic violation.

This requirement is based on a case known as New Jersey v. Carpentieri, in which the New Jersey Supreme Court ruled that a police officer needs to have an “articulable and reasonable suspicion” that the driver of a vehicle has committed a violation of New Jersey traffic law before that officer can even consider pulling the suspect’s car or truck over.

Following the initial stop for the traffic offense, the patrolman must by law have probable cause prior to making any arrest and before having the driver submit to breathalyzer test. By probable cause the law states that the officer must have cause to believe that the motorist is operating his car or truck while under the influence of alcohol or other substance that may have caused impairment.

Please keep in mind that at no time during this early stage of a DWI arrest does a driver have the right to advice from counsel. Even an experienced DWI lawyer will be of absolutely no help at that particular point in time.
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