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Facing a Marijuana DUI Charge in New Jersey
With the legalization of marijuana appearing to be imminent in New Jersey, law enforcement throughout the State is expecting the number of marijuana related driving under the influence charges to drastically increase. For sentencing purposes, New Jersey in essence treats marijuana DUI offenses just as they do alcohol related DWI offenses. In other words, anyone convicted of even a first offense marijuana DUI charge, will be facing incarceration, high fines, a lengthy license suspension, imposition of the ignition interlock device as well as court ordered rehab. As you can tell, the potential ramifications for anyone convicted of a first offense DUI charges can be absolutely crippling.
If you have unfortunately found yourself in this situation in Mercer County, the Law Office of Proetta & Oliver can help. It is no secret that New Jersey takes DUI offenses very seriously and since plea bargaining is prohibited, it crucial that you speak to an experienced DUI defense lawyer as soon as possible. One of our attorneys has even sought out and obtained specialized DUI defense training, including being certified to administer the Standardized Field Sobriety Tests (SFST) in an effort to better defend these types of charges. If you would like to sit down and discuss your options with one of the DUI defense lawyers at Proetta & Oliver, then please contact our Hamilton Office at 609-789-0779. Our attorneys defend clients accused of these types of offenses in courts throughout Mercer County, including courts in towns like Ewing, Lawrenceville, Hamilton, Robbinsville, Trenton, West Windsor, East Windsor and Hightstown.
Charged with Driving Under the Influence of Marijuana in West Windsor
NJSA 39:4-50 is the governing statute in New Jersey for all DUI offenses, regardless if the offense is based on the suspicion of alcohol or drugs. It specifically prohibits:
- a person [from] operat[ing] a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug…
Unlike driving while intoxicated offenses, there is no Alcotest Machine to help prove that the Defendant was driving under the influence. When it comes to marijuana DUI case, the prosecution will rely upon several potential pieces of evidence, which include the following:
- Standardized Field Sobriety Test;
- Drug Recognition Expert Report;
- Officer Observations;
- Officer’s Opinion;*
- Urine Sample Results; or
- Blood Sample Results.
*Pursuant to the New Jersey State Supreme Court’s ruling in State v. Bealor, the prosecution is not required to provide expert testimony when it comes marijuana intoxication. In other words, a Drug Recognition Expert (DRE) is not required and an officer who does not have any formal training will be able to testify as to a Defendant’s intoxication. However, if the drug in question is anything other than marijuana, then the prosecution would be required to provide the testimony of a Drug Recognition Expert in order to prove intoxication.
Marijuana DUI Defense Attorney in Princeton NJ
If you or a loved one has been charged with driving while intoxicated, refusal to submit a breath sample, assault by auto, drug DUI, eluding, endangering the welfare of a child, the possession of marijuana or death by auto in Mercer County, the Law Offices of Proetta & Oliver can help. Our attorneys have been representing those accused of serious criminal and traffic offenses in courts throughout New Jersey for just under a decade now. If you would like to set up a free initial consultation today, then please contact us at 609-789-0779 or you can try contacting us online.