Marijuana Possession in a Vehicle

May 18, 2011

Morris County, NJ, DWI-DUI News: Kinnelon Police Arrest 2 People for Marijuana Possession in Vehicle

While some people may feel that being arrested for impaired driving only happens to those who drink and drive, DWI or more specifically, DUI, can also pertain to motorists stopped by police and found to be under the influence of a controlled dangerous substance (CDS), such as cocaine or marijuana. drug DUI, which can also apply to individuals determined by the police to be impaired by prescription medication, is relatively common in the Garden State.

As New Jersey drunk driving defense lawyers, I and my colleagues understand how a causal user of marijuana could be charged with possession of marijuana, or weed, while driving their vehicle in Middlesex, Monmouth or Ocean County. Not surprisingly, the New Jersey legal system applies the same strict enforcement of DUIs as it does DWIs. While the substance may be different, a CDS instead of beer, wine or hard liquor, the penalties can be just as severe.

A news article not long ago illustrated what can happen when a driver is stopped by police and found to have been using an illicit drug while operating a motor vehicle. According to news reports, two people were arrested by police and charged with marijuana possession in Morris County apparently following a routine traffic stop.

April 30, 2011

New Jersey Legal Defense News: Bridgeton and Holmdel Police Report DWI, DUI, Marijuana possession Arrests

by Jonathan F. Marshall

As New Jersey drunken driving defense attorneys my firm understands how dozens of drivers every week end up being arrested for driving under the influence of alcohol, controlled dangerous substances (CDS), and even prescription medications (drug DUI). It makes little difference where you live, be it Bergen, Morris, Atlantic or Middlesex County, the police are constantly on the lookout for potentially drunken drivers.

Over the years, driving while intoxicated (DWI) has become a serious offense in the Garden State, not to mention all across the U.S. Law enforcement agencies and the court system takes a dim view of motorists who get behind the wheel of a motor vehicle while under the influence of beer, wine and hard liquor. Of course, the state’s strict enforcement of and penalties for drunken driving does not alter the fact that anyone arrested and charged with a DWI or DUI is considered innocent until proven guilty.

As a former municipal prosecutor, I am well aware of the procedures and strategies used by the state to gain a drunk driving conviction. The following news items are a sampling of typical DWI and DUI arrests that can lead up to possible convictions for impaired driving and breath test refusal, among others.

Bridgeton
In a possible case of marijuana possession in a motor vehicle, a 26-year-old local resident was allegedly sitting in a vehicle in front of his home when police officers approached the car. According to police reports, the suspect then got out of the vehicle, at which time the patrolmen observed a bag of what they suspected was marijuana hanging from his pocket. After searching the man’s person, officers found additional marijuana on the suspect totally just over 30 grams. The man was arrested and charged him with possession of less than 50 grams of marijuana and possession of drug paraphernalia. He was placed in Cumberland County Jail in lieu of bail.

In another incident, a 41-year-old Bridgeton woman was involved in a traffic accident near the intersection of Burlington Ave. and E. Commerce St. According to police reports, the woman apparently left the scene of the crash on foot, but was apprehended a short while later. Officers apparently detected evidence of alcohol on the suspect’s person and she was arrested and charged with DWI. No injuries occurred as a result of the crash and the woman was released on her own recognizance.
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April 21, 2011

Morris County Police Arrest New Jersey Drivers for Drunken Driving and Marijuana Possession

by Jonathan F. Marshall

As the weather becomes increasingly more pleasant here in the Garden State, the promise of warm spring days and summer evenings will bring about the inevitable house parties and family get-togethers. Part and parcel with these occasions is the always plentiful selection of beer, wine and hard liquor. While most people temper their drinking with the understanding that a drunken driving arrest and possible conviction is not desirable, it may not always be obvious that a driver has had more than his or her legal amount of alcohol before heading home from a party.

In such cases, being pulled over by a police officer for a seemingly minor traffic offense could wind up in a full-blown DWI arrest. While I am always quick to warn family and friends to drink responsibly — and of course use a designated driver whenever the need arises — as a New Jersey drunk driving defense lawyer, I also understand the ways in which a motorist could end up being issued a summons for driving under the influence of alcohol, or even prescription drugs (drug DWI).

In my line of work, I can also say that a conviction for driving under the influence of alcohol can significantly impact an individual’s career, his personal life or even his standing in the community. The police in counties like Bergen, Ocean, Mercer and Union are constantly on the watch for potentially impaired drivers, and every week we read stories from local communities of police arresting intoxicated drivers.

The following are a few examples of typical news items that describe individuals stopped for traffic infractions and then arrested for DWI, prescription drug DUI, and possession of controlled dangerous substances (CDS), such as cocaine and other illicit drugs.

Morris County
A 21-year-old Dover resident was stopped by the police for drunk driving in the early morning hours along a stretch of Rte 24. The patrolman in charge arrested the man for drunken driving and was in the process of transporting the individual to police headquarters when he noticed a folder piece of white paper apparently on the subject’s person. After investigating the item, the officer determined that it contained an amount of marijuana. In addition to the DWI arrest, the man was also charged with possession of marijuana. He was released after processing and assigned a mandatory court date.
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April 9, 2011

Elmwood Park Police Arrest 9 Motorists; Charge 70 Others with DWI at Bergen County Sobriety Checkpoint

by Jonathan F. Marshall

Do drunk driving roadblocks enhance traffic safety and save lives? This is a question that people have been asking for many years. Here in the Garden State, criticism of sobriety checkpoints runs the gamut; from those who believe DWI and DUI roadblocks are highly effective in keeping intoxicated drivers off public roads to those who feel drunken driving checkpoints are a waste of taxpayer money and should be eliminated.

From our standpoint as New Jersey DWI defense attorneys, we can see both sides of the argument. But one thing is certain, drivers in Monmouth, Ocean and Sussex County continue to be arrested and ticketed for driving under the influence of alcohol, prescription medication and illicit drugs, such as marijuana and cocaine. Over in Bergen County the Elmwood Park police reported nine arrests during a recent DWI checkpoint; officers also issued 70 other individuals summonses for various other traffic offenses.

According to news reports, the mid-March drunk driving roadblock set up by local authorities ran from 11:30pm on a Friday night until 3:30am the next morning. The location of the checkpoint was along a stretch of westbound Rte46. Eight of those arrested were charged with driving under the influence; the remaining arrestee was charged with possession of a controlled dangerous substance (CDS).

March 16, 2011

Bergen County DWI News: New Jersey Driver Arrested for DWI Accident that Injured Park Ridge Man

by Jonathan F. Marshall

As a New Jersey DWI defense attorney, I’d be the first to say that being arrested for alleged drunk driving following an injury accident will not gain a person any points in court. It’s a fact that the police already have a very dim view of intoxicated driving, but combining that with property damage and personal injury and the court will also be unimpressed.

Still, in our legal system a defendant is considered innocent until proven guilty, which is why I and my colleagues are ready to represent individuals charged with drunken driving and drug DUI in Bergen, Union, Middlesex and Ocean County, among others. Regardless of the reasons, when a driver makes an error by getting behind the wheel after having a drink or two, the ultimate result can often be a DWI conviction in a local courtroom.

A news article not long ago described a car accident that apparently was precipitated by an allegedly drunk driver. According to news reports, a 31-year-old Passaic County driver crossed over into opposing traffic along a stretch of Rte 46 and struck another vehicle near the Green St. intersection. The accident, which happened just after midnight on a Sunday, critically injured a 43-year-old Bergen County driver.

March 7, 2011

Morris County, NJ, Drunk Driving News: Police Charge Drivers with DWI and Marijuana Possession

by Jonathan F. Marshall

As a New Jersey DWI defense lawyer, I represent numerous clients accused of drunken driving. These individuals may or may not have been operating their vehicles under the influence of alcohol, prescription drugs, or illegal substances such as cocaine, heroine or marijuana. Although their individual circumstances may vary, the way in which they were stopped by police and arrested for driving while intoxicated are generally similar.

Looking at the local police blotters, we typically find examples of DWI and drug DUI arrests all across the state. From Essex to Monmouth County and Passaic to Ocean County, dozens of motorists are pulled over and issued summonses every week. Sobriety checkpoints, or DWI roadblocks as they are sometimes called, are also a source of drunken driving arrests here in the Garden State. For a look at the kinds of arrests made throughout New Jersey, the following items are typical.

Denville Local police stopped a 35-year-old female driver after she was observed driving the wrong way along a stretch of Rte 46 early on a Thursday morning. The driver, a resident of Kearny, NJ, was pulled over and apparently exhibited signs of intoxication. The officers arrested the driver and charged her with drunk driving, careless and reckless, as well as driving on the wrong side of the highway. She was subsequently released to a responsible party.

Jefferson A local man was stopped by police after they observed the individual allegedly driving in a reckless manner in a snow-covered parking area at Stanlick School. During the stop, which occurred on Saturday, the 18-year-old driver was charged with driving under the influence and also possession of less that 50 grams of marijuana. Another man in the vehicle, an 18-year-old local resident, was also charged with possession of pot (less than 50g) and possession of paraphernalia. Both men were released pending court appearances.

A 23-year-old Sussex man was stopped for speeding by police along a stretch of Rte 15 on a Thursday. After pulling the motorist’s vehicle over, officers apparently detected signs of inebriation and arrested him for drunken driving. He was subsequently released an appearance date in municipal court.
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March 3, 2011

NJ Drunk Driving Defense News: Marijuana DUI Arrests Likely to Rise as Police Crack Down

by Jonathan F. Marshall

If you thought drunken driving was only for motorists caught while operating under the influence of beer, wine or hard liquor, you may want to take a step back and consider the growing number of headlines talking about drug DUI. Being arrested for driving while intoxicated used to mean an alcohol-related DWI, but with the increasing use of prescription medications and illegal drugs, such as cocaine and marijuana, police nationwide are seeing more and more drug-related DUIs than ever before.

As a New Jersey DWI defense lawyer, I and my staff understand the finer points of the law pertaining to drunk driving, breath test refusal and underage drinking offenses. Whether you live in Ocean, Monmouth or Middlesex County, there is always a possibility that you or a family member could be pulled over for drunk driving. And while alcohol used to be known as the drug of choice, weed or cannabis has apparently been waiting in the wings to make its debut.

According to a news story not long ago, courts and law enforcement agencies around the country are cracking down on drivers who allegedly operate their cars and truck under the influence of marijuana. In what it calls a growing problem, marijuana DUI may become as large a problem for police departments across the nation as alcohol-related drunken driving once was.

In fact, a study by the National Highway Traffic Safety Administration (NHTSA) earlier this year indicates the number of pot-related traffic accidents has been increasing annually since 2005.
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February 28, 2011

New Jersey Marijuana Defense: Did Police Find Weed in Your Car? Better Contact an Experienced Attorney

by Jonathan F. Marshall

With more and more states voting to allow medical marijuana sales in cities and towns across the country, the opportunity for DWI and drug DUI arrests involving the possession of weed (or cannabis) has become much more real. Because of the increasing use of hash as a medicinal drug, the lines are getting blurred between what is and what isn’t legal. Pot, as many will point out, is still illegal without a doctor’s prescription in states that allow it, but even in those that do, local laws may leave legitimate users feeling vulnerable.

It’s no secret that regardless of whether or not a state has passed medicinal marijuana laws, law enforcement agencies will still be pulling motorists over who may possibly be impaired due to driving while under the influence of a controlled dangerous substance (CDS) such as marijuana or cocaine.

Regardless of whether a driver is impaired due to smoking pot (drug DUI), or because of alcohol consumption (DWI), or just falling asleep behind the wheel, a police officer will still be looking for those telltale signs of possibly erratic driving. Using a simple traffic or defective equipment offense as a justification for the traffic stop, a patrolman may then notice that the driver is exhibiting impaired behaviors.

Marijuana is one of the more common drugs in use around the Garden State and as such arrests for marijuana possession in a motor vehicle are relatively common occurrences. Possession in a vehicle is a chargeable offense that usually requires the services of a qualified New Jersey drunk driving or DUI defense lawyer.

The questions that anyone charged with marijuana possession in a vehicle should ask themselves include the following:

Did the patrolman have probable cause prior to stopping me?
Did the officer conduct a proper search of my car (or my person)?
Can a municipal prosecutor actually prove possession or control of the marijuana discovered by the police?
Did the police maintain a proper “chain of custody” and testing of the alleged marijuana?

February 9, 2011

Drunken Driving News: Garden State Police Log DWI-DUI Arrests in Orange and Union County

by Jonathan F. Marshall

Union County DWI Traffic Stop

A traffic accident involving two vehicles early on a Sunday morning precipitated a DWI arrest for one individual not long ago. According to news reports, the car crash occurred just before 2am in Fanwood at the intersection of South Ave. and Terrill Rd. According to police, officers at the scene interviewed both drivers and were able to determine that one of the cars rear-ended the other as it sat at a red light.

During one of the interviews, patrolmen reportedly detected the odor of alcohol emanating from a 20-year-old man from Scotch Plains, NJ. Allegedly smelling the strong scent of alcohol on the suspect’s breath, officers requested the man to perform a field sobriety test. Failing that test, police placed the man under arrest and took him to the local police headquarters where he was processed and issued a summons for careless driving and DWI. The driver was subsequently released to a responsible party pending a court date.

December 30, 2010

Sussex County Police Arrest Woman for Drunken Driving, Marijuana Possession following Traffic Accident

by Jonathan F. Marshall

Most drunk driving arrests occur following a traffic stop, where the police officer in charge pulls a vehicle over due to some traffic violation, such as failure to signal or the driver’s supposed inability to properly maintain his or her lane. It is during the traffic stop that any DWI-related evidence may be detected by the officer leading to a drunken driving arrest.

In other instances, a traffic accident may be the initial event that kicks off a DWI or drug DUI arrest. These kinds of incidents can be single- or multi-vehicle accidents in which an allegedly intoxicated driver may have been involved. Due to the impairing effects of alcohol or prescription drugs, traffic wrecks due occur as a result of slowed responses of a person operating a motor vehicle while under the influence of beer, wine or hard liquor. Doctor-prescribed medication can also be blamed for such accidents.

As a New Jersey DWI defense lawyer, I understand the methods and procedures used by law enforcement personnel and the local prosecutor’s office to obtain a drunk driving conviction. It should come as no surprise that a DWI arrest arising out of a traffic accident, especially one involving injuries or death, will typical get the full attention of the court.