New Jersey DUI – DWI Lawyer – Driving Under the Influence of Marijuana

May 3, 2016 by

It is illegal to drive while high on marijuana (weed, pot, etc.) in New Jersey.  Although New Jersey does not have a specific law that addresses driving under the influence of marijuana, the same law that prohibits drunk driving (N.J.S.A. 39:4-50, titled “Driving While Intoxicated”) applies to drugged driving offenses as well.  This law prohibits driving under the influence of any intoxicating substance, including narcotics, hallucinogens or even some over the counter medications.

How Do the Authorities Prove a Person is Under the Influence of Marijuana?

When a person is pulled over on suspicion of drunk driving, they are given a breathalyzer test to determine their blood alcohol content.  So how does a police officer know whether a driver is under the influence of marijuana?  Usually, a driver will be asked to take a blood or urine test.  However, a positive drug test only indicates that there is marijuana in a person’s system at the time of the traffic stop—and marijuana can stay in a person’s system weeks after using it.  Therefore, if you are arrested for drugged driving, additional evidence is generally relied upon to prove the DUI in court.

If you go to trial for your DUI charge, the State must prove beyond a reasonable doubt that you were operating a vehicle under the influence of marijuana.  This requires some expert testimony to establish that the drugs found in your system were not just residual, but actually rendered you impaired and unable to safely operate a motor vehicle.

In drugged driving cases, the general rule is that the accused must have been tested at the time of their arrest by a specially trained police officer referred to as a Drug Recognition Expert (“DRE”).  However, for marijuana cases, the prosecutor can establish intoxication through testimony of any police officer who has been trained in field sobriety and who has experience in identifying marijuana intoxication.  In such cases, an officer will testify that there was objective evidence that a driver’s physical or mental capabilities were impaired by the drug.  This testimony can be the State’s Achilles heel.  An experienced DWI lawyer may be able to have your charges either dismissed or downgraded by discrediting this testimony.

No Implied Consent for Blood or Urine Testing

In New Jersey, as a condition of receiving your driver’s license, you have agreed to take a breath test to determine the content of alcohol in your system if you are pulled over on suspicion of drunk driving.  This is known as “implied consent.”  If you refuse to take the test, you are subject to punishment including a loss of driving privileges.  But this law does not extend to drivers who are suspected of being under the influence of marijuana or other substances.  If you are pulled over and the police suspect that you are high on marijuana or some other substance, there are no penalties or sanctions if you refuse to submit to a blood or urine test.  Chemical testing for marijuana or any other substance is only performed on a voluntary basis or if a warrant has been issued by a judge.  First, the investigating officer would ask you for your consent to provide a urine or blood sample.  If you refuse, then the officer can attempt to obtain a warrant from a judge, based upon probable cause.  If a warrant is issued, then you have to comply.  It is amazing just how many people, knowing full well they have a substance in their system, agree to voluntarily submit to a blood or urine test.  Most people just don’t know they can say no.

Penalties for Driving Under the Influence of Marijuana

Penalty for a conviction will vary depending on whether you have ever been convicted of drugged driving in the past.

  • For a first conviction, drivers face a fine of between $300 and $500, up to 30 days in jail, and between seven months and one-year license suspension.
  • For a second conviction, drivers face a fine of between $500 and $1,000, 30 days community service, 2 to 90 days in jail, and a two-year license suspension.
  • For a third (or subsequent) conviction, drivers face fines up to $1,000, 180 days in jail, and a ten-year license suspension.

If you have been charged with drugged driving, you may also face additional penalties for related charges such as possession of a controlled dangerous substance.

What About Medical Marijuana?

Although New Jersey allows certain individuals to use medical marijuana, just like any other legally prescribed medication, it is still a crime to drive if one’s ability to safely drive a car is impaired by the drug.

Edward M. Janzekovich Defends People Charged with Marijuana DWI/DUI

If you were arrested for driving while impaired by marijuana, we can help.  Trusted New Jersey DWI lawyer Edward M. Janzekovich is available to answer your questions and discuss your best defense.  Call us today at 732-257-1137 or contact us online today.  We serve clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

Filed Under: Driving Under the Influence of Marijuana, Drugged Driving, DWI - DUI, Implied Consent, New Jersey Attorney Tagged With: , , , , , , , , , , , , ,

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

March 1, 2016 by

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.

 

Filed Under: Criminal Law, Driving Under the Influence of Drugs, DWI - DUI, Mixing Prescription Drugs and Alcohol, New Jersey Attorney Tagged With: , , , , , , , , , , , , , , , , , ,

New Jersey DWI – DUI Lawyer Edward Janzekovich – DUI – DWI Checkpoints

February 23, 2016 by

In general, police officers in New Jersey can only stop a vehicle if they have a reasonable suspicion that an offense has been committed. They must also be able to specifically describe the grounds for their suspicion. Despite this constitutional protection against unreasonable searches and seizures, police may randomly stop drivers at sobriety checkpoints (also called roadblocks) even if they have no reason to believe that anyone in the vehicle committed an offense. Because random checkpoint stops are such an intrusive law enforcement technique, the police must be able to show a rational basis for establishing the roadblock. There are strict requirements for both setting up and executing roadblocks.

What To Expect At A Sobriety Checkpoint

As you approach a road block, you should see signs and lighting designating the checkpoint area. You will be required to slow down and wait for your turn to be processed through the checkpoint. Police officers will detain drivers in a pre-selected pattern (for example, every driver or every fifth driver). Drivers cannot be stopped on their appearance alone.

If you are stopped, you will be detained for a brief period of time. Police may ask basic questions, request documentation and look for signs that you are under the influence of drugs or alcohol. If you exhibit these signs, you will be asked to move your car to a separate area where you will be asked to undergo a field sobriety test.

Roadblock Requirements

The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. This means that if police do not follow the proper procedures for setting up and executing a roadblock, any evidence obtained may be inadmissible in court—including breathalyzer or blood test results. Courts will consider various factors in determining whether a roadblock was proper, including:

  • Whether notice of the time, date and location of the roadblock was published in advance
  • Whether advance warning was given to individual approaching motorists (use of lights, signs, etc.)
  • Whether statistical data demonstrates that the roadblock was set up in a particularly problematic location for drinking and driving
  • Whether public safety and awareness are fostered by the checkpoint
  • The time of day when the roadblock is conducted
  • Average length each motorist is detained
  • Whether less intrusive measures could have been used to combat drunk driving in the area

Police officers and state troopers do not have the authority to select a DUI checkpoint location or time. They must first receive a directive from their commanding officer.

What Happens if I Attempt to Evade a Roadblock?

If you are intoxicated and attempt to evade a properly established road block, this may give police sufficient reasonable suspicion to stop your vehicle.

New Jersey DUI Lawyer Edward M. Janzekovich Represents Drivers Who Have Been Charged With DWI at Police Roadblocks

State and federal laws carefully protect the rights of citizens to be free from unlawful searches and seizures. If you were stopped at a sobriety checkpoint and arrested for driving under the influence, New Jersey DWI lawyer Edward M. Janzekovich will obtain all documents relating to the establishment of the road block, and analyze it to determine whether it was legal. I will also look at the circumstances surrounding your stop to determine whether police followed proper procedures and detained you for a reasonable amount of time. Unreasonable detentions raise different constitutional issues and may provide you with additional defenses.

We proudly serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County. To discuss your case, call us at 732-257-1137 or contact us online today.

Filed Under: Drunk Driving, DWI - DUI, DWI & DUI Checkpoints, Field Sobriety Tests, Illegal Searches and Seizures, New Jersey Attorney, New Jersey Search Without Warrant Tagged With: , , , , , , , , , , , , , , , , , , , ,

The Ignition Interlock Device – New Jersey DWI, DUI or Refusal to Submit a Breath Sample

December 2, 2015 by

DWI-DUI Charges in New Jersey

In New Jersey, if you are convicted or plead guilty to a DWI / DUI or Refusal to Submit a Breath Sample, most likely you will have to install an ignition interlock device in your car. The device essentially works as a bypass to the ignition of your vehicle which requires a breath sample to be supplied before the vehicle will start. It will also require periodic samples as the vehicle is operated for longer time frames to keep it running so as to ensure the operator is not consuming alcohol after the initial start up.

As a first offender with less than a .15% BAC (blood alcohol concentration), the sentencing judge is not mandated to have you install it, although he or she may depending on surrounding circumstances of your incident. Once your BAC reaches .15%, the judge is mandated to order the installation of the device into the vehicle principally operated. The device must be installed all through the period of suspension and an additional six months to one year (judge discretion) after you get your license back.

A first offender who refused to submit a breath sample will be required to install an ignition interlock device as well, with the rationale that the breath sample would have been a .15% BAC or higher. Another reason to provide a breath sample – but most people learn of this incentive after the fact.

As a second offender, it does not matter what your blood alcohol concentration was as long as it was a minimum of .08% BAC. The license suspension for a second offender is 2 years, and the device must be installed in the vehicle principally operated during the entire period of license suspension and an additional one to three years (judge discretion) after you get your license restored.

As a third offender, it does not matter what your blood alcohol concentration was as long as it was a minimum of .08% BAC. The license suspension for a third offender is ten years, and the device must be installed in the vehicle principally operated during the entire period of license suspension and an additional one to three years (judge discretion) after you get your license restored.

A common question is, why do I have to put this device in my car during the period of suspension if I cannot drive anyway. That answer is not clear. Other states have interlock laws and penalties for DWI, and it appears New Jersey copied the laws from other states. The discrepancy is that other states allow you to drive during the period of suspension for very limited reasons.

Other states will grant a very limited purpose license to travel to work or school, and most require you to install an ignition interlock device in your vehicle prior to being granted that class. New Jersey does not offer a temporary, hardship or work only license, as many other states do.

Contact DUI – DWI Defense Attorney Edward M. Janzekovich

To schedule a free initial consultation, contact my office online or call us at 732-257-1137. Evening and weekend consultations are available by appointment. I accept all major credit cards.

Filed Under: DWI - DUI, Ignition Interlock Devices, New Jersey Attorney, Refusal to Submit a Breath Sample Tagged With: , , , , , , , , , , , , , , , , ,

Happy Thanksgiving!

November 24, 2015 by

Happy Thanksgiving!

Contact DUI / DWI Defense Attorney Edward M. Janzekovich

Contact me online or call my office at 732-257-1137 to arrange a free initial consultation. I am available evenings and weekends upon request. All major credit cards are welcome.

The Law Office of Edward M. Janzekovich serves all of Middlesex County including Edison Township, Woodbridge Township, Old Bridge Township, Piscataway Township, New Brunswick, Perth Amboy, East Brunswick Township, South Brunswick Township, Sayreville, North Brunswick Township, Monroe Township, South Plainfield, Plainsboro Township, Carteret & South River, NJ.

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Implied Consent

July 24, 2015 by

Most people are aware that if they are stopped by law enforcement and there is reasonable suspicion that they are driving while intoxicated, the driver is required to provide a sample to determine if they are under the influence, but a sample of what?  The law varies from state to state.  For instance:

The Implied Consent Law in New Jersey is different than that of Rhode Island.  In Rhode Island, Implied Consent means that any person who drives a motor vehicle in Rhode Island has given consent to Chemical Test (Breath-Blood-Urine – arresting officers choice apparently) to determine the amount of alcohol/drugs, if any,  in your system after you have been arrested for suspected driving while intoxicated (DWI).   Refusing to provide that sample is an additional charge carrying additional license suspensions and fines. (source – RI DMV website)

The New Jersey Implied Consent Law that states that all persons operating a motor vehicle on New Jersey roadways has agreed to submit to a Breath Test following an arrest for suspected drinking and driving.  In addition to the original underlying penalties of the driving while intoxicated offense, failing to provide a breath sample will result in an additional charge carrying an additional period of suspension and other penalties.

However, New Jersey’s implied consent law does not currently mandate that you submit to a blood test or urine test.  If taken to the hospital as a result of an investigation, such as an accident, you most likely did not perform standardized field sobriety tests.  If you are suspected of being under the influence of an alcohol or drug, you will be asked for your consent to voluntarily provide a sample of your blood or urine to test.  This is because although the breath test machine used in New Jersey, the Alcotest 7110c, is designed to be mobile and transportable to the scene or hospital, it is not the practice in New Jersey.  So to gather evidence of intoxication to be used against you, your blood or urine will be required.

If you believe you have alcohol or drugs in your system, or if you just do not want to, you should refuse to voluntarily give consent for the collection of your blood or urine.  If a DWI charge is to be pursued against you, a judge would have to issue a warrant (Fourth Amendment protections against unreasonable searches and seizures – barring exigent circumstances) for non-consensual blood testing to collect a sample. However, if a warrant is obtained, you are legally required to provide the type of sample described in the warrant and reasonable force may be used to collect that sample if necessary.  Refusing to provide a sample after a warrant is issued will result in an additional charge(s) carrying additional license suspensions and penalties, which may also expose you to potential criminal charges.

So, according to the Rhode Island Division of Motor Vehicle website, a New Jersey resident on vacation, visiting a relative or just driving through Rhode Island that is stopped for a suspected DWI is required to submit to chemical testing.  Chemical testing of your breath, blood or urine, without the need of a warrant, even though as a New Jersey license holder, your implied consent requirements are for only breath samples.

* Disclaimer – Edward Janzekovich is a licensed attorney in the State of New Jersey and not in Rhode Island.  The information provided is to contrast implied consent laws between NJ and RI. Information is obtained directly from the Rhode Island DMV website and this is not to be interpreted as providing Rhode Island legal advice.

Filed Under: DWI - DUI, Implied Consent, New Jersey Attorney Tagged With: , , , , , , , , , , ,

DRUNK DRIVING — SPEEDY TRIAL

September 21, 2012 by

CRIMINAL LAW & PROCEDURE — DRUNK DRIVING — SPEEDY TRIAL

14-2-7618 State v. Vanderkooy, App. Div. (18 pp.) Defendant challenges his convictions for driving while intoxicated, refusal to take a breathalyzer test, and speeding in the Law Division at a trial de novo based on the record developed in the municipal court.

The panel affirms, finding that:

  1. defendant was not denied his right to a speedy trial where both parties are responsible for various delays, whether due to scheduling conflicts, discovery delays, or requesting a Frye hearing, the amount of time elapsed is mostly due to the Frye hearing, and defendant did not prove prejudice sufficient to warrant a speedy trial violation;
  2. defendant was not denied the requested discovery regarding the radar gun or the State’s radar gun expert;
  3. the State presented sufficient evidence of the scientific reliability of the Stalker Dual SL radar device used by police;
  4. there was sufficient evidence in the record of the operator’s training and testing of the radar device to admit the radar reading into evidence;
  5. defendant cannot establish that the municipal court judge or trial judge erred in finding the police officer’s testimony credible; and
  6. based on the officer’s observations and defendant’s conduct, it is clear that probable cause to arrest existed and the State established beyond a reasonable doubt that he is guilty of DWI.

Source – NJSBA Daily Briefing

Filed Under: Criminal Law, DWI - DUI Tagged With: , , , , , , , ,

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