Arrested for Drug DUI or Marijuana Possession in a Motor Vehicle? Consider Your Options

With more than 40 years of collective litigation experience defending clients for such offenses as marijuana possession, driving while impaired by a controlled dangerous substance (CDS), operating a motor vehicle while intoxicated, breath test refusal and drug DUI, my firm has the skills and experience to work in our clients’ best interests. Whether one lives in Bergen, Passaic, Ocean or Atlantic County, the law treats motorists the same when it comes to DWI/DUI offenses.

As a former Garden State municipal prosecutor, I myself have handled hundreds of similar cases for the state; for this reason alone, I and my legal staff understand the strategies used by state and local prosecutor’s officers to obtain convictions for drunken driving and drug DUI, among others. The attorney’s in my office routinely address courts throughout the state, representing clients who have been accused of possession, use and other cannabis-related offenses. No matter if a person is charged with marijuana possession, intent to distribute weed, or other marijuana associated offenses, we believe that everyone has the right to face their accusers and defend themselves in a court of law.

It has become abundantly clear over the years that marijuana is one of the most frequently used drugs out there. As a controlled dangerous substance (CDS), weed, Mary Jane, or whatever one chooses to call it, is obviously the most common drug we as drug DUI lawyers have encountered during our careers. With marijuana arrests almost as commonplace as those for DWI, it should not come as a surprise to learn that more than $30 billion of this illicit drug is grown in the U.S. annually.

Providing an aggressive defense for those individuals charged with a marijuana-related offense is the key to our approach. What we, as NJ marijuana defense attorneys, have learned over the years is that these kinds of cases can be very “fact sensitive.” What this means is that the law looks for specifics as to the reason for a motorist being stopped in the first place, how the police conducted a search of the driver, his or her car, or the individual’s abode.

By exploring the facts of each case individually, an experienced marijuana defense lawyer can better determine the merits of the prosecution’s case against the defendant, as well as the important facts pertaining to the defendant’s actions in the case again him or her. A skilled attorney will consider the salient points of the accused’s defense including whether or not the state or local prosecutor can actually prove the driver had possession or control of the alleged weed, or if the police followed the prescribed “chain of custody” procedures and testing of the marijuana samples collected at the time of the arrest.

In addition to actual possession of the illegal substance, the state may also consider charging a motorist with possession of drug paraphernalia. These assorted items can include pipes, bongs, bowls and even cigarette rolling papers. Although the aforementioned items may not even have marijuana residue on them, the state may nonetheless use their mere existence as the basis for a marijuana paraphernalia complaint. For all of these reasons, it’s best to consult with a qualified marijuana and drug DUI defense attorney before stepping foot in a courtroom to answer any allegations.