Articles Posted in CDS Possession in a Vehicle

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Middletown police filed multiple arrests in late April and early May for motorists in the area who were suspected of drunken driving and other DUI-related traffic offenses. As Garden State DWI defense lawyers, my team of experienced trial attorneys understand the fear and apprehension that a drunk driving arrest can cause the average person. But regardless of the circumstances under which a driver has been accused of intoxicated operation of a motor vehicle, the prudent course is often to contact a qualified DWI lawyer for advice and counsel.

Although the state of New Jersey has banned plea bargaining in cases of DWI and drug DUI, there are still instances where the state’s evidence does not hold up in court. As such, a skilled drunk driving defense lawyer has the litigation background and legal training to handle a DWI-DUI case and perhaps lessen or reduce the potential penalties following a drunken driving conviction. There are occasions where the court will dismiss a DWI charge, based on lack of evidence or improper police procedures that are specified by law.

As with many kinds of criminal and civil court cases, the secret to avoiding a conviction or obtaining a downgrade in charges, and therefore penalties, is identifying certain points that will help to undermine the prosecution’s case against the defendant. Interesting enough, many DWI and drug DUI charges arise from what began as a simple or relatively routine traffic stop.
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Most every motorist in the Garden State likely knows that drunk driving arrests occur quite often all around the state. But whether or not one travels through Bergen, Monmouth or Ocean County, or Passaic, Hudson or Middlesex, being stopped by the police for a traffic offense does not necessarily mean that a driver will be charged with driving under the influence, though the circumstances will often dictate the outcome of any traffic stop.

Occasionally, receiving a DWI or drug DUI summons can be a simple matter of timing. One must understand that feeling one is in the right will usually not alter the way a patrolman or state trooper views that particular situation. As we often suggest to family and friends, it’s better to err on the side of caution — by locating a sober ride back home or taking public transport — than to risk being stopped by the police and possibly end up with a charge of impaired driving.

As experienced legal professionals, my colleagues and I have seen our share of courtroom situations where a driver committed a minor traffic violation only to find himself under arrest for drunken driving an hour later and waiting at the police station for a responsible party to pick him up. If a person has had any amount of alcohol recently, there is no reason to take chances — not only with one’s physical safety, but also legally — by getting behind the wheel of an automobile while potentially intoxicated.
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As DWI defense lawyers, my law firm has for years provided legal services to individuals who have been accused of driving while intoxicated by alcohol, impaired by prescription medications, and other drug or alcohol-related traffic offenses. Regardless of the circumstances — such driving home from an after-work get-together at a local pub, traveling along the Garden State Parkway following a social event, or even returning from a family gathering at the beach — if a driver has consumed even a seemingly minor amount of beer or wine, the opportunity can always exist for a DWI-DUI arrest.

As anyone who reads articles from local news sources can likely attest, there are near-constant reports regarding motorists who have been charged with driving a car, truck or motorcycle while inebriated, as well as some involving arrests for marijuana possession or prescription medication-related drug DUI. As professional drunk driving defense experts, my staff has represented clients in a wide variety of criminal and civil cases.

From DWI-related auto accidents and underage drunk driving, to arrests use or possession of a controlled dangerous substance (CDS), my law firm has the legal background and the trial experience to assist motorists accused of any manner of alcohol or drug-related traffic offenses. Living and working in the Garden State, it is not difficult to notice police activity on our roadways day and night. The following incidents are just a few of the typical (and some not so typical) arrests that take place in counties from Hudson and Passaic to Ocean and Cape May.
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Regardless of the nature of an initial roadside police stop — be it a burned-out headlamp, sliding through a controlled intersection without completely stopping, or drifting in and out of one’s lane — the opportunity for a drunk driving or drug DUI summons can go up appreciably depending on how the driver appears to the police officer in charge. Bloodshot eyes or an unsteady gait may cause a patrolman to suspect some kind of intoxication, though neither condition is a surefire sign of being drunk or impaired.

Despite what some people may believe, being charged for DWI-DUI based solely on watery eyes or some other vague observation is usually not sufficient to result in a conviction for driving while intoxicated; other evidence is needed beyond a more or less subjective assessment. Experienced DWI defense lawyers, such as the legal team at our law firm, can offer up a number of plausible explanations for a variety of conditions, from allergies and migraine headaches to very cold temperatures or high winds at the time of the arrest.

Since an arrest for DWI or drug DUI needs supporting evidence, as required by law, the prosecution will often attempt to prove that the defendant exhibited a “substantial deterioration or diminution” of his or her mental faculties/physical capabilities due to alcohol or hallucinogenic, narcotic or habit-producing drugs.
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A Toms River resident was tracked down by police after witnesses apparently saw the man’s late-model Toyota drive away from a car accident along a portion of Rte 37 early on a Monday morning. According to news reports, township patrolmen arrived at the scene of the crash, which took place at the intersection of Rte 37 and Garfield Ave. By the time officers had gotten to the accident site, the hit-and-run driver was already gone. The 6:30am wreck involved a Ford Explorer driven by a Bayville man, who was stopped at a red light when the impact occurred.

With the assistance of a witness to the incident, police searched for the hit-and-run driver, who was found shortly thereafter. Based on police reports, the man had apparently hit another vehicle as he fled the earlier crash scene. That collision took place near the intersection of Garfield and Delaware Ave., in the area of East Dover. Eventually, police were able to pull the man over near Fischer Blvd. and Windsor Ave., after which it was determined that the 31-year-old local resident was allegedly intoxicated behind the wheel.

As a result, the suspect was arrested and eventually charged with driving under the influence of alcohol, reckless driving and leaving the scene of an accident. The man was also reportedly charged with criminal possession of the drug Suboxone, for which he did not have a prescription. As Garden State DWI and drug DUI lawyers, my legal team has handled numerous cases involving drug DUI and possession. This particular instance is certainly a more complicated situation considering the two hit-and-runs.
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As in many parts of the Garden State, police patrols in Somerset County, NJ, are always active on city streets, undivided highways and high-speed interstates. Whether one travels to and from work or school, going shopping or simply taking a driving vacation to the Jersey Shore for some needed R & R, the odds of coming into contact with a New Jersey State Police trooper or a local patrolman are usually quite high. As DWI defense lawyers, my colleagues and I have met dozens of average people who never thought they would ever be charged with a serious traffic offense, much less be arrested for drinking and driving.

Yet, every week, scores of Jersey residents and out-of-state drivers get pulled over for some minor infraction, opening themselves up to additional scrutiny from a law enforcement officer. A percentage of these individuals will be unlucky enough to have had something to drink in the hours prior to that traffic stop. Unfortunately, many of them will be taken into custody and charged with some kind of impaired driving offense. More and more, this group includes individuals who may be carrying some kind of illicit drug on their person, which can complicate matters when the time comes for court appearance.

Still others find themselves involved in a roadway collision. It’s no secret that drinking and driving only increases the chances of a motorist being involved in a single- or multiple-car accident. If alcohol or drugs were involved, the ante is raised sufficiently to make speaking with a qualified DWI-DUI defense attorney not only a good idea, but almost a necessity. Being experienced trial lawyers, we understand that accidents do happen. And while we do not condone drinking and driving, we also know that some people accused of DWI-related collisions may not have been legally drunk at the time of the wreck.
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With hundreds of drivers pulled over by police every week all across the Garden State — for all manner of traffic and vehicle infractions — it is not unexpected that a certain percentage of these police stops will result in arrests for any number of more serious offenses. Drunken driving, CDS possession, impaired vehicle operation due to drug use, and underage drinking and driving are just a few of the common reasons why a fair number of New Jersey motorists find themselves served with summonses for traffic-related offenses.

How many of these individuals actually avoid a guilty verdict and, by doing so, side-step the potentially expensive fines, fees and statutory assessments? That often depends on the strength of the evidence, but the number would surprise many people. Certainly, the first step is to consult a qualified drunk driving defense attorney to learn what options are available to the particular motorist accused of such an offense. As New Jersey DWI-DUI defense lawyers, my colleagues and I are experienced in providing an aggressive defense for many people arrested for drunk or impaired vehicle operation.

When looking to understand the typical kinds of police traffic stops, it is instructive to look at police blotter reports in local newspapers and online media sources. The law of averages suggests that the average DWI offense involves some of the most simple and seemingly innocuous driving infractions as a starting point for a roadside traffic stop. But even the most basic of traffic offenses can eventually develop into a full-blown drunk driving arrest.
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As Garden State DWI and drug DUI defense lawyers, my colleagues and I often remind potential clients that when a police officer makes a traffic stop the action itself can be construed as a “seizure” within the legal definitions stated in the Fourth and Fourteenth amendments of the United States Constitution. As most every legal professional knows, over the years there has existed some doubt as to what truly constituted a valid traffic stop. But these doubts were essentially wiped away following the landmark Supreme Court decision of Delaware v. Prouse.

One of the more popular reasons, at least among police officers, for stopping many a motorist is the common moving violation known as failure to maintain one’s lane; this justification for making a routine traffic stop is second only to pulling a car or truck over based on one of the more typical vehicle equipment infractions, such as a burned out headlight or taillight (in fact, if you find yourself driving a vehicle with a burned-out or broken lamp anywhere on the car or truck, be prepared to have a state trooper or municipal patrolman stop you on the roadside).

When it comes to common moving violations – mainly, straying from one’s lane — drivers who find themselves having a difficult time staying within the lane markers during the evening hours will more than likely end up having a conversation with a law enforcement officer on the shoulder of the roadway. If it’s simply a matter of fatigue, a motorist may simply get a warning; but if that individual has consumed any alcohol recently, much less admits to the fact, complications will likely arise.
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Considering the volume of DWI and DUI arrests that are carried out every month in the Garden State, most every drunk driving defense attorney has likely represented at least a few clients who have been charged with driving while impaired after running afoul of the police at a local DWI checkpoint. Most months, all around the state, one might expect a certain number of these DUI roadblocks in operation on the weekends and during high-traffic holidays. This makes it all the more certain that, over time, more motorists will be arrested at one of the late-night roadblocks and hit with a DWI summons.

The fact that state and local law enforcement agencies are legally obliged to make public the locations and operating times of these so-called sobriety checkpoints could lead many people to assume that it is relatively easy to avoid being stopped at one of these roadblocks, whether one is driving with some amount of alcohol in one’s system or not; however, it is also very easy to overlook the relatively brief announcements that appear prior to the erection of a DWI-DUI checkpoint.

According to New Jersey legal statutes, the police are limited as to the locations and operation of a sobriety roadblock. Quite simply, the authorities cannot place a checkpoint anywhere they choose; it must be located in an area that has a demonstrated history of prior incidents of drunken driving.
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As drunk driving defense attorneys, my colleagues and I have for many years represented dozens of motorists accused of driving while intoxicated by alcohol. Young or old, male or female, the odds of being picked up for a DWI here in the Garden State can be quite high, especially if a person makes one too many driving errors in the presence of a local patrolman or state trooper. But being accused of DWI is just one side of the coin; drug DUI is another equally costly charge that many motorists are hit with day in and day out across the Garden State.

Just like alcohol-related charges, New Jersey drivers can be arrested under N.J.S.A. 39:4-50(a) for operating a car, truck or motorcycle while under the influence of a legal or illegal drug if that substance is deemed a narcotic, hallucinogenic or habit-forming drug. In order for a charge like this to stick, it usually needs to be supported by the professional opinion of an expert in the field, though it should be remembered that at this time the requirement is relaxed while on appeal in the New Jersey court system.

To understand the phrase, “under the influence,” it is important to recognize that it means a “substantial deterioration or diminution” of a driver’s mental faculties or physical capabilities. As we mentioned above, this applies as much to intoxicating liquor as it does to doctor-prescribed medication that is narcotic or habit producing in nature. As one can imagine, illegal drugs such as cocaine and marijuana are also recognized under the state’s DWI statutes since they can also deteriorate a person’s mental and physical capacity.
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