Driving Under the Influence of Drugs

Potential New “Breathalyzer” That Can Detect Marijuana Use While Driving

October 17, 2016 by EMJanzekovich

Stanford University recently announced that they have successfully developed a device to measure the amount of marijuana in a person’s body. Unlike a traditional breathalyzer, which can measure the amount of alcohol in your breath to determine your blood alcohol content (BAC), the new device called a “potalyzer” can measure the amount of tetrahydrocannabinol (THC) in your saliva. Although this is not yet being used by law enforcement in New Jersey, it is extremely important because it means that police may soon have a scientific way of testing to see if you have been driving under the influence of drugs like marijuana simply and quickly. The timeline for implementing this or another similar test may move very quickly, because it is possible that lawmakers will consider legalizing small quantities of marijuana for medicinal or even recreational use in the future.

Developed by Dr. Shan Wang of Stanford University and his team, the potalyzer uses magnetic biosensors to detect THC molecules in saliva. Reports indicate that the new tool is accurate enough to detect as little as 0 to 50 nanograms of THC per milliliter of spit. This is big news, especially for states where marijuana use has been legalized. While those states continue to have DUI/DWI laws outlawing driving while impaired (this includes via marijuana use), up until now, law enforcement have had difficulty prosecuting such a crime, because they could not prove when or how much marijuana someone has consumed. Unlike alcohol, THC (marijuana’s main psychoactive component) remains in one’s blood much longer than alcohol, meaning you could still test positive for marijuana use even if the marijuana is no longer affecting your ability to drive.

For states like New Jersey, where marijuana laws are much stricter, the new potalyzer could actually increase the likelihood that marijuana will be legalized for additional uses, because the inability to enforce marijuana DUI laws will be less of an issue. Now, by being able to measure THC levels, not just its presence, science can begin to correlate certain levels with driver impairment and then create impairment standards. This is essentially like BAC laws that exist for alcohol, but based on the amount of marijuana in a person’s saliva.

Like the breathalyzer, the potalyzer may also prove popular because it does not require taking a blood sample or involve other extremely invasive measures. The test involves mixing some of a driver’s saliva with antibodies that bind to the THC molecules and act as markers. The sample is then spread on a test strip that’s been pre-coated in THC and loaded into a handheld measuring device, to determine how much unbound THC remains. By doing this, the system can accurately estimate how much THC was present in the driver’s saliva, and the results can be displayed quickly.

Interestingly, researchers suggest that this new technology can also reportedly be applied to almost any small molecule including morphine, heroin, methamphetamine or any number of controlled dangerous substances. Because many drugs are used by smoking or inhaling, this new technology could lead to a number of quick, saliva-based drug tests in the future that will affect how driving under the influence of drugs (DUID) laws are enforced.

The Need for an Experienced DWI / DUI Attorney

Obviously, before this test is implemented anywhere, further research will be needed to see how a driver’s tolerance impacts his or her ability to handle different amounts of THC to determine specific legal limits. With this new device, however, it will likely come sooner rather than later. Regardless of whether or when this device is implemented, New Jersey law still holds that if you have used a substance that would change your normal physical coordination or mental abilities to the point that you can be considered a danger to yourself or others on the road, then you may be charged with DUID. The consequences of driving under the influence of drugs are very serious and can include fines, loss of driving privileges, or even jail time.

Because DUID laws are always changing, a DUI attorney will be able to take the time, sit down with you and review your case, and explain what consequences you are facing in your specific situation. If you go to court, an experienced lawyer can help argue on your behalf to get you the best result possible.

New Jersey DUID Attorney Edward M. Janzekovich Can Explain and Fight for Your Rights

Because defending against charges of driving under the influence of drugs can be very complicated, it is important to get an experienced DUI/DWI attorney in any situation where you or someone you know is charged. If you are charged with driving under the influence of drugs or alcohol in New Jersey, an experienced DWI/DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.

Filed Under: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, Field Sobriety Tests

Driving Under the Influence of Drugs, Including Cocaine, Heroin, Meth, and Other Substances in New Jersey

August 22, 2016 by EMJanzekovich

Under New Jersey law, N.J.S.A. 39:4–50(a), you cannot drive a motor vehicle if you are “under the influence… of a narcotic, hallucinogenic or habit-producing drug.” New Jersey courts have since expanded this law to include any substance that has produced a narcotic effect – and the law does not even require that the specific drug be identified. If you have used a substance that would change your normal physical coordination or mental abilities to the point that you can be considered a danger to yourself or others on the road, then you may be charged with driving under the influence of drugs, also known as DUID.

If you go to trial for a DUI/DWI charge, the State must prove beyond a reasonable doubt that you were operating a vehicle under the influence of some drug or mind altering substance. When it comes to alcohol, the standard breathalyzer test and field sobriety tests used to demonstrate that a person was driving drunk are well known. When it comes to DUID for drugs like cocaine, however, a case can be somewhat more complicated. The State may require expert testimony to establish that there were drugs in your system and that these drugs actually made you unable to safely operate your vehicle. For that reason, it is especially important to consult an experienced DWI/DUI lawyer, who will be able to identify if the State’s investigation into your charges was proper and who may be able to have your charges either dismissed or downgraded by discrediting this evidence.

How Does the State Prove Narcotic Use?

In a prosecution for driving while under the influence of drugs, the State will use observations and testimony to establish that a person was using drugs at the time he or she was arrested, as well as to show that the person was intoxicated. For instance, if a police officer suspects a driver of being under the influence of narcotics, the first thing he or she will probably do is request that the driver undergo a blood or urine test. This evidence would then be admitted at trial through admission of the person who performed the analysis or an independent reviewer. Barring exigent circumstances, New Jersey law does not require that a driver undergo a blood or urine test. The driver does have the right to refuse to participate in testing. To obtain a blood or urine sample, the police MUST either (1) gain the drivers voluntary informed consent (meaning the driver has the right to refuse) or (2) the police obtain a search warrant to force a driver to give blood or urine for testing (if a warrant is issued, you must comply).

The State will also need to present evidence that the driver showed signs of intoxication. This is because a defendant can argue that any traces of narcotics in his blood or urine were left over from some other time and did not impair his or her ability to drive. Such evidence can be observed from speaking to a driver and by asking a driver to perform a field sobriety test – things like walking in a straight line, standing on one foot, or using your eyes to follow a light. Again, the State may need to present this evidence through an expert, such as a police officer with sufficient training to identify narcotic influence. In the recent case of State v. Beyer, the New Jersey Appellate Division affirmed the DUID laws and procedures, when it held that a driver could be convicted of driving under the influence of cocaine based on the fact that the driver was found asleep at the wheel of a car with its engine running, the driver admitted to using cocaine earlier, urinalysis showed the presence of cocaine, and the driver showed signs of falling, swaying, and staggering during the field sobriety test.

Because defending against charges of driving under the influence of drugs can be very complicated, it is important to get an experienced DUI/DWI attorney in any situation where you or someone you know is charged. An experienced DWI/DUI attorney will be able to help present the best defense possible or have the charges against you dropped completely.

New Jersey DUID Attorney Edward M. Janzekovich Can help if You Are Charged with Driving Under the Influence of Drugs, Including Molly, Ecstasy, Marijuana, or Other Illegal Substances

A DUI/DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI/DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the State of New Jersey.

Filed Under: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, Drugged Driving, Drunk Driving, DWI - DUI, Uncategorized

New Jersey DWI Lawyer Discusses When You Can Get a New Trial in Your Drunk Driving Case

August 16, 2016 by EMJanzekovich

The criminal justice system in New Jersey and in the United States is used to decide when defendants are guilty or innocent of crimes that they are charged with, but guilt and innocence is not the only thing the court is concerned with. Society wins not only when the guilty are convicted but when criminal trials are fair. For that reason, if you or someone you know is found guilty of driving under the influence of alcohol of drugs, you may be entitled to a new trial if your attorney can show that the case brought against you was improper or unfair.

In Brady v. Maryland, the United States Supreme Court held that when a prosecutor withholds exculpatory evidence, which is evidence that could possibly be used to show that a defendant was not guilty or could be used to lessen a defendant’s sentence, the court may be required to take corrective measures. The New Jersey Supreme and Appellate Courts have applied Brady for the benefit of New Jersey defendants charged with DWI / DUI in numerous cases, most recently citing the rule in State v. Stein.

In Stein, the New Jersey Supreme Court actually noted that New Jersey law is even more expansive because New Jersey Court Rule 7:7-7 requires more discovery be provided to the defendant than in Brady. Under the rule, state prosecutors must release all evidence or information that is relevant to a legitimate defense. In order to establish a Brady violation in drunk driving cases, the defendant must prove the following three facts:

The prosecution failed to provide evidence to the defense in violation of Rule 7:7-7;
The evidence would have been something that is good for or benefits the defendant;
The evidence is material, meaning the defendant can show that there is a good chance the defendant could have used the evidence to change the result of the trial or of a plea agreement.

Exculpatory evidence may include more than just things that directly relate to the case, it can also include evidence that has to do with the credibility of a witness, meaning evidence that makes a witness more or less believable. A failure by the State to provide exculpatory evidence to the defense can be considered a denial of due process and entitle a defendant to a new trial.

If a defendant requests a new trial based on a Brady violation, the court does not look at just one piece of evidence to determine if that would have affected the trial. Instead, the court will look at all of the evidence that was suppressed, and the court will decide if the decision to plead guilty or the results of the trial would have been different if the defendant had the chance to present the evidence.

When it comes to drunk driving charges, a Brady violation usually has to do with evidence that may affect a defendant’s blood alcohol level or may be used to exclude the blood alcohol test results. For example, if the state fails to provide evidence that the breathalyzer machine used on the defendant was improperly maintained or was likely to produce inaccurate readings, this can result in a new trial. Similarly, suppressed video evidence may form the basis of a Brady violation.

Importantly, in New Jersey, you lose this right if you forget to ask for the evidence or fail to object when you do not receive that evidence. For instance, in Stein, the Court held that the defendant may have been entitled to the names of certain witnesses that were used against him, but he forgot to object and lost his chance to request a new trial based on the government’s failure. For that reason, it is important to get an experienced drunk driving attorney in any situation where you or someone you know is charged with DUI / DWI. An experienced DUI attorney will know what evidence to ask for from the state and will be best suited to present the best defense possible or have the charges against you dropped completely.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can help if You Deserve a New Trial in a DUI or DWI Case

A DUI or DWI charge for operating a motor vehicle will involve many complicated evidential issues. Such a charge can also result in severe penalties that affect you and your loved ones. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, an experienced DWI / DUI attorney can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the State of New Jersey.

Filed Under: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, Drunk Driving, DWI - DUI

New Study Finds Tests Used by States to Determine if a Driver is Impaired by Marijuana Use Have No Scientific Basis

July 27, 2016 by EMJanzekovich

Around the country, many states are passing laws legalizing, or decriminalizing the use of marijuana for medicinal and non-medicinal purposes. In New Jersey, marijuana remains a Schedule I controlled substance, but the New Jersey Compassionate Use Medical Marijuana Act made the cultivation, sale, possession, and use of marijuana legal for specific purposes, under strict medical guidelines. Under New Jersey law, you can be charged with DUI / DWI for being under the influence of a marijuana while operating a motor vehicle. However, the statute does not specify a specific amount of the drug that must be present in someone’s body at the time they were driving, with the well-known exception of alcohol – a person with a blood alcohol concentration (BAC) of 0.08 percent is presumed to be legally impaired, which is known as a “per se standard.”

In recent months, some states have designated a per se standard for THC, the active component of marijuana. For example, Pennsylvania now has a per se standard of one nanogram of THC per milliliter of blood. To date, six states employ tests to determine if someone is driving impaired by marijuana use. Those include Colorado, Montana, Nevada, Ohio, Pennsylvania and Washington. New Jersey law currently does not yet provide for a specific threshold for THC. Importantly, however, a recent study by the nation’s largest automobile club found that the tests employed have no true scientific basis.

The study commissioned by American Automobile Association (AAA)’s safety foundation said it is not possible to set a blood-test threshold for THC, which is the chemical in marijuana that makes people high, that can reliably determine impairment. Yet the laws in five of the six states automatically presume a driver guilty if that person tests higher than the limit and not guilty if it’s lower. As a result, the foundation said that drivers who are unsafe may be going free while others may be wrongly convicted. As a result of the study, the foundation is advocating that the per se standard laws be replaced by ones that rely on trained police officers to determine if a driver is impaired, backed up by a test for the presence of THC, rather than a specific threshold. Officers are trained to screen for indications of impairment due to drug use, such as pupil dilation, tongue color, slurred speech, and body behavior.

Determining whether someone is impaired by marijuana, as opposed to having simply used the drug at some point, is more complex than the reliable blood alcohol tests that have been developed for alcohol impairment. There is currently no science indicating that drivers become impaired when a specific amount of THC is noted in their blood. Rather, much depends upon the individual. Drivers with relatively high levels of THC in their systems may not be impaired, especially if they are regular users, while others with relatively low levels may be unsafe behind the wheel.

In New Jersey, the ambiguous nature of the law means that it is important to obtain an experienced DUI attorney in any situation where you or someone you know is charged with driving under the influence of marijuana. There is understandably a strong desire by both lawmakers and the public to create legal limits for marijuana impairment in the same manner [as] we do alcohol,” but the reality is that the laws regarding marijuana remain flawed and an experienced DUI attorney will be best suited to present the best defense possible or have the charges against you dropped completely.

New Jersey DUI Attorney Edward M. Janzekovich Can Help Drivers Charged with Driving Under the Influence of Marijuana

A DUI or DWI charge for operating a motor vehicle under the influence of marijuana is a new and complex of area of the law. Such a charge can have severe penalties and it is important to understand those penalties and how to best defend against them. If you are charged with drunk driving or driving under the influence of any substance in New Jersey, knowing what your rights are can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today.

We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, DWI - DUI

Defendants Facing DWI Charges Are Not Entitled to Trial by Jury

June 6, 2016 by EMJanzekovich

If you are charged with a crime, do you always have the right to a trial by jury? When it comes to drunk driving cases in New Jersey, the answer is “no.” On May 12, 2016, the New Jersey Supreme Court found in State v. Denelsbeck that defendants facing their third or subsequent drunk driving conviction are not entitled to a jury trial, and are subject to a mandatory six months in jail.

The reason is because New Jersey does not consider DWI a “crime.” Instead, the law treats it as a traffic violation, meaning that the punishments are not serious enough. Courts in New Jersey have long found that defendants are not entitled to a trial by jury on “petty” offenses but are only entitled to them when consequences are more severe.

How “Serious” are the Consequences?

In reaching its decision, the New Jersey Supreme Court found that the punishments for repeat DWI offenders are not “sufficiently serious” to trigger the constitutional right to a jury trial. However, the Court admitted that the law does require a lot of fines, fees, and penalties, including mandatory jail time, for repeat DUI offenders, and the amount of punishment has increased over time.

Specifically, under the current laws, if you have already been convicted of two prior DWI’s and you are charged with drunk driving again, you face up to 180 days of jail time, thousands of dollars in fines, forced enrollment in an alcohol inpatient rehabilitation program, and a ten-year loss of your driver’s license.

If convicted, you would also be required to install an ignition interlock device on your vehicle during the period of suspension and AFTER you get your license back. After your driving privileges are returned, the device must remain on the vehicle for six months to one year on a first offense or one to three years on a subsequent offence. An ignition interlock device works with your vehicle’s ignition system, requiring you to provide a breath sample before your car will start. If alcohol is detected, your vehicle will not start until a passing sample has been provided. If you are convicted for drunk driving even once, you could be required to install an ignition interlock on your vehicle at your own expense – and costs for an ignition interlock device are estimated at $90-150 to install and about $70-90 per month for monitoring and calibration./p>

However, the Supreme Court Warns Punishment Cannot Be Any Harsher

In deciding Denelsbeck, the Supreme Court warned that if any additional DUI penalties are added by the state legislature, the Supreme Court would change its mind and decide that defendants charged with driving under the influence of drugs or alcohol would have the right to have their cases heard by a jury of their peers. The Court said our New Jersey lawmakers have “reached the outer limit in subjecting third and subsequent DWI offenders to confinement without a jury trial.” They noted that facing a mandatory term of six months’ confinement for a third or subsequent drunk driving conviction is the constitutional maximum – meaning 180 days of jail time is the maximum punishment allowed before a defendant has the legal right to a jury trial. The Court specifically stated that the offense is currently teetering between being a petty offense and a serious crime because of this punishment.

Jury Trials, and the Alternative – Bench Trials

The Denelsbeck case was decided 5-1. Justice Barry Albin disagreed with the rest of the Supreme Court and wrote in his dissent that New Jersey is “far out of the mainstream” as to its position on Trial by Jury in DUI cases. He pointed out that 40 states give DWI defendants a jury trial on their first offense. The New Jersey State Bar Association and the New Jersey chapter of the American Civil Liberties Union helped to argue that New Jersey should join the other 40 states in trying DWI cases in front of juries, while County prosecutors and the state Attorney General’s Office argued that universal jury trials for DUI offenders would overburden the court system.

In the meantime, because jury trials are not a right, if you are charged with drunk driving, you may be required to present your case in what is called a bench trial. In a bench trial, your entire case is heard and decided by a judge without the help of a jury. Having an attorney to represent you in a bench trial is especially important, because the judge will get to decide both issues of law and evidence as well as make the ultimate decision in the case regarding whether you are guilty or innocent.

New Jersey DWI/ DUI Lawyer Edward M. Janzekovich Will Fight for Your Rights if You Are Charged

Defending against a DUI charge is complicated. If you are charged with drunk driving or driving under the influence in New Jersey, knowing what your rights are can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Driving Under the Influence of Drugs, Driving Under the Influence of Marijuana, Drunk Driving, DWI - DUI

New Jersey DWI – DUI Lawyer Edward M. Janzekovich – Mixing Prescription Drugs and Alcohol—A Dangerous Combination

March 1, 2016 by EMJanzekovich

When an individual is arrested for driving under the influence, law enforcement may opt to charge them with driving under the influence of alcohol, a drug, or a combination of both. A person can be found guilty even if the amount of alcohol consumed would be less than the legal limit of .08 percent. This is because the combined effect of drugs and alcohol can produce a synergistic effect—such that even if either substance alone might not impair the driver, their combined effect renders a driver profoundly impaired.

In New Jersey, you can be charged with a DWI even if you are under the influence of over-the-counter drugs or prescription medication that has been legally prescribed to you. Many recent studies demonstrate that common medications, particularly allergy medications, may impair a person’s driving even more than alcohol.

Common medications that can result in a drug-impaired driving charge include:

Sleeping pills, such as Ambien
Allergy medication, such as Benadryl
Cough syrup, such as Nyquil or Codeine-based syrups
Prescription painkillers, including Tylenol 3, Vicodin and OxyContin
Anti-anxiety medications, such as Ativan, Xanax and other benzodiazepines
Antidepressants
Muscle relaxers

In the typical scenario where both drugs and alcohol are involved, police will first arrest a motorist for driving under the influence of alcohol. Then, after administering field sobriety tests and a breathalyzer test, if the breathalyzer results and field sobriety test results do not correlate (because the driver appears to be more impaired than the breathalyzer results indicate), police may seek blood or urine samples to determine whether the driver is under the influence of drugs.

Many drugs stay in a person’s system for long periods of time, and can be detected in a person’s blood or urine long after the impairing effects have worn off. Therefore, to be convicted of a DWI in New Jersey for drug use, a driver will most likely be subject to a series of tests conducted by a drug recognition expert. If such an expert is not available at the police station when the driver is tested, the test results may become inadmissible in court.

New Jersey DWI – DUI Lawyer Edward M. Janzekovich Defends Motorists Accused of Driving Under the Influence of Drugs and Alcohol

Respected New Jersey DUI lawyer Edward M. Janzekovich has a vast knowledge of the technicalities of DWI law and has successfully defended countless clients against DWI charges. If you have been charged with driving under the influence of drugs and alcohol, you have rights. To discuss your situation, call us at 732-257-1137 or contact us online today. We serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County, including Union, Dover, Brick, Jackson, Wall, Woodbridge, East Brunswick, Evesham, Howell, Robbinsville, Bound Brook, Neptune, Hamilton, Linden City, Bridgewater and Tinton Falls.

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