Marijuana Possession in a Vehicle

December 28, 2010

Union County, NJ, Drunk Driving News: DWI and Drug DUI Police Blotter

Arrests for drunken driving, breath test refusal and controlled/dangerous substance (CDS) DUIs in Union County, New Jersey, illustrate how common law enforcement agencies pull over and charge motorists with these offenses, here and throughout the Garden State. As New Jersey drunk driving defense attorneys, I and my colleagues make an effort to help individuals accused of these charges on a regular basis.

Driving while intoxicated either by beer, wine, hard liquor or prescription drugs (drug DUI) is a serious offense in New Jersey and looked down upon by state and local authorities. Regardless of the circumstances, every person accused of or charged with a DWI offense is considered innocent until proven guilty in a court of law. Having worked in prior years as a municipal prosecutor, I understand the procedures and techniques employed by law enforcement and the judiciary to achieve a drunk driving conviction.

The following news items from Westfield, NJ, illustrate the various types of DWI and DUI arrests that occur on a weekly basis here in Union, Middlesex, Bergen and other counties throughout the state.

December 16, 2010

Monmouth County, NJ, Drunk Driving News: Multiple New Jersey DWI and Drug DUI Arrests

by Jonathan F. Marshall

Drunken driving arrests happen daily in New Jersey. As Monmouth, Atlantic andMiddlesex County DWI lawyers, I and my staff have the skills and experience to represent those individuals accused of driving under the influence of alcohol, prescription medication and even illegal drugs such as marijuana. The following list of intoxicate driving arrests and other DUI offenses are a sampling of the situations in which many New Jersey motorists find themselves from time to time.

Holmdel
A 22-year-old out-of-state driver was reportedly stopped on Telegraph Hill Road for driving while intoxicated. A police patrol apparently noticed the man’s vehicle being driven in a possibly erratic manner, after which the driver was pulled over. He was arrested for DWI and taken to police headquarters for processing. The man was later released pending a court appearance.

On that same day, a 24-year-old motorist was pulled over along a stretch of Rte. 35 by a police officer and was subsequently arrested for driving under the influence. The man was later taken to headquarters, processed and released pending a future court appearance.

Three young people, two men and a woman under the age of 21, were arrested by police for underage possession of alcohol. The trio from Brick, Point Pleasant and Point Pleasant Beach were all taken to police headquarters for processing before being released. Each of the three will have to return for a court appearance.

Belmar
Police made a DWI arrest on Main St. in Belmar when they apparently spotted car being driven erratically. The 42-year-old driver, who reportedly resisted arrest, was charged with driving while intoxicated, aggravated assault and obstructing justice.

Wall
Route 35 has been the scene of more than a few DWI arrests. According to reports, an 18-year-old Wall Twp. Man was stopped by police near New Bedford Rd. and charged with driving while under the influence of alcohol. In another unrelated instance, a 26-year-old Seaside Heights resident was stopped by patrolmen near Church Road and arrested for intoxicated driving.

Around the same time, a 31-year-old Belmar man was arrested by police in the vicinity of 16th Ave. and Maplewood Rd. and subsequently charged with possession of less than 50 grams of marijuana.
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December 6, 2010

New Jersey Superior Court Denies Impaired Driver’s Appeal in Marijuana-related Drug DUI Case

by Jonathan F. Marshall

Anyone who thinks that smoking marijuana, weed or cannabis is safer than drinking alcohol and then getting behind the wheel of a motor vehicle apparently hasn’t been pulled over for drug DUI…yet. As a New Jersey DWI defense lawyer, I can tell you that New Jersey’s law enforcement community is just as committed to arresting and charging drivers who smoke-and-drive as those who drink and drive.

One of the main differences is that pot is illegal, putting aside the issue of medical marijuana for a moment. Possession in a motor vehicle is a chargeable offense, as is driving under the influence of the drug. As a controlled dangerous substance (CDS), marijuana use can get an individual in hot water, much less being caught for driving while smoking weed.

Not long ago, a New Jersey appellate decision upheld a portion of lower court ruling involving a motorist who was charged with marijuana-related drug DUI. According to court records, Reynold Regis filed an appeal (STATE v. REGIS) for a July 2009 conviction in which he was found guilty of CDS DUI.

November 28, 2010

NJ Police Blotter: Ocean County Drunk Driving, Underage Possession of Alcohol and CDS Arrests

by Jonathan F. Marshall

An out-of-state motorist was pulled over on West Bay Ave. in Barnegat Township when officers observed a vehicle being driven the wrong way. Stopping the vehicle, police interviewed the 48-year-old driver who apparently exhibited signs of being drunk and under the influence of alcohol. The man was arrested by officers, who charged him with a number of violations including DWI, reckless driving and traveling the wrong way on a one-way street.

Another Ocean County arrest occurred along Rte 72 when a patrolman stopped a man for speeding along a stretch of the road. According to police reports, the 23-year-old driver was allegedly found to have an open container of alcohol in his vehicle at the time of the traffic stop. As a result, police arrested the driver and charged him with DWI, having an open alcoholic beverage container in the vehicle, as well as reckless driving and speeding. The man was subsequently released.

A 55-year-old driver was stopped along a stretch of Barnegat Blvd. after police observed his vehicle traveling the wrong way on a one-way street. The South Plainfield resident was arrested and charged with driving while intoxicated, as well as reckless driving, driving the wrong way and having an open alcohol container in his vehicle. He was subsequently released from custody.

October 29, 2010

Bergen County Drunk Driving News: Multiple DWI / DUI Arrests in Lyndhurst, North Arlington

by Jonathan F. Marshall

DWI arrests come in all shapes and sizes, sometimes in ways that one wouldn’t expect. The important thing to remember is that anyone who feels the least bit tipsy from alcohol consumption or is otherwise impaired due to prescription medications (drug DUI) or other controlled dangerous substance (CDS) should think long and hard about climbing behind the wheel of an automobile. As a New Jersey DWI defense lawyer, I know that even sitting in a parked motor vehicle while intoxicated could result in a drunken driving arrest or summons. So why chance it?

Recently a number of arrests took place in could North Arlington and Lyndhurst, NJ, that illustrate what can and does happen to New Jersey drivers on a fairly regular basis. As Bergen County DWI Attorneys, my firm knows that you don’t have to be caught at a sobriety roadblock to feel the pinch of a DWI conviction down the road.

CDS PossessionA 25-year-old driver was stopped in the early morning hours on a Saturday for a routine traffic violation in North Arlington. The police officer pulled the man over for operating his vehicle without his headlamps turned on. Upon determining that the motorist had some outstanding warrants, the officer effected an arrest. In the process he found five bags of what police believed to be cocaine.

Marijuana Possession in a VehicleA 17-year-old Belleville driver was arrested in Lyndhurst after a routine traffic stop. According to police reports, the teenager was charged with possession of marijuana in a motor vehicle. Police eventually released the teen to his parent. Police issued the teenager a summons for violation of a provisional license
Drunk DrivingEarly on a Sunday morning, police responded to a noise complaint on Canterbury Avenue. When police arrived they found a car with its sound system turned on very loud. Observing a 46-year-old local man seated in the driver’s seat, the officers also noticed that the vehicle’s engine was running. Talking with the driver, the officers detected the odor of alcohol and requested the man exit the car and perform several field sobriety tests, which he failed. The man was subsequently charged with drunk driving, cited for not being a licensed driver, plus refusing to submit to a breathalyzer test. The man’s car was also impounded.
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October 21, 2010

Monmouth County DWI Police Blotter: Drunk Driving and Possession of Controlled Dangerous Substance (CDS) Arrests

by Jonathan F. Marshall

Howell
A 25-year-old Point Pleasant resident was pulled over on Route 9 by police for an unknown traffic violation. In the course of the traffic stop, officers noticed evidence of marijuana either on the woman’s person or in the vehicle. The driver was charged with possession of less than 50 grams of marijuana, as well as having drug paraphernalia. She was also charged with operating a motor vehicle in possession of a controlled dangerous substance (CDS).

Tinton Falls
Two 19-year-olds from Ocean Township were arrested by police following a chain of events that included a single-car motor vehicle accident on Route 18 in Tinton Falls. According to police reports, one of the teens was driving a car that struck a guardrail. The other teen apparently took the wheel and drove the damaged vehicle away from the scene of the crash, however it broke down on Shafto Road near West Park Ave. The boys called 911 to report the disabled car. When police arrived, officers found a small amount of marijuana in the vehicle. It was determined it belonged to the young man who initially crashed the car. Both teens were arrested and charged with drunken driving. They were processed and released pending a court date.

A 19-year-old woman Ocean County woman was pulled by patrolmen over for what was likely a routine traffic violation. During the police stop officers apparently observed evidence of marijuana on the suspect’s person. She was arrested and charged with possession of marijuana in a motor vehicle. Officers processed the woman and subsequently released her pending a court date.

A 21-year-old Freehold man and a 35-year-old Red Bank woman were arrested in separate locations on the same day, both for driving under the influence of alcohol. The man was pulled over by police for an apparent routine traffic stop on Route 33, while the female driver was stopped along Sycamore Avenue in Tinton Falls. The woman was processed and released pending her day in court.

Wall
In less than a two-week period, nearly a dozen drivers were stopped for various traffic offenses that then ended up with drunken driving arrests. According to news reports, a 21-year-old man from New Egypt was pulled over on Route 138 for DWI; a 49-year-old Long Branch man was stopped and charged with DWI; an 18-year-old Asbury Park youth was stopped along Route 35 and charged with driving under the influence of alcohol.

A 19-year-old out-of-state man was stopped along Belmar Boulevard and arrested for DWI; A 21-year-old Cranbury resident was stopped along Woodfield Avenue by police before being charged with possession of a prescription drug without a prescription; A 48-year-old Freehold man stopped along Route 35 for allegedly driving drunk.
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October 3, 2010

New Jersey Drunk Driving News: Little Falls, NJ, Police Reports Multiple DWI Arrests in Passaic County

by Jonathan F. Marshall

Local municipalities throughout the Garden State make numerous traffic stops and subsequent arrests for driving under the influence of alcohol. As DUI defense attorneys understand the ins and outs of this state’s legal system.

Whether it is a case of drunk driving where the motorist has been arrested at one of many sobriety roadblocks, or if an individual is caught in possession of marijuana in a motor vehicle or otherwise operating a car under the influence of a controlled dangerous substance (CDS), the situation may be similar to numerous other arrests in the news every week.

Serving motorists in Monmouth, Bergen and other counties throughout the state, our suggestion is to always consult with a drunken driving defense lawyer to better understand your particular situation. The following list of recent DWI/DUI arrests by Little Falls, NJ, police is just an illustration of the kinds of drunk driving offenses that happen every day across the county.

Marijuana Possession in a Vehicle
On a Thursday evening in September, a patrolman stopped a driver for having illegally tinted windows on his vehicle. Walking up to the driver’s side of the car, the officer detected what he suspected was the odor of burning cannabis, or marijuana, emanating from the vehicle. During a voluntary search of the 19-year-old suspect’s car, the policeman discovered several plastic bags filled with marijuana. The officer subsequently arrested the man, who was reportedly a resident of Paterson, NJ.

DWI
During an early morning traffic stop on a Friday, Little Falls police officers pulled a vehicle over for speeding along a section of eastbound Route 46. The patrolmen noticed that the driver was exhibiting signs of being drunk. The officers then requested that the 28-year-old female driver perform several field sobriety tests to determine if the woman was impaired by alcohol. After failing the tests, police arrested the driver. A subsequent blood-alcohol content (BAC) test was performed by the officer indicating that the driver had a BAC in excess of the 0.08 percent limit. She was then arrested for driving while intoxicated (DWI).
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September 12, 2010

NJ DWI Defense Update: New Jersey Drunk Driving Arrests Have Many Steps Before Possible Conviction

by Jonathan F. Marshall

Whether you live in Red Bank or Newark, Atlantic City or Trenton, as a New Jersey motorist you always have the potential to be stopped for one of dozens of traffic violations by a the state police or of any of the hundreds of county and municipal law enforcement officers across the Garden State. In fact, every drunken driving or drug DUI conviction begins with an arrest, usually arising out of a routine traffic stop.

Most drivers should understand that for a DWI traffic stop to be valid it must be backed up by what state law defines as “reasonable suspicion” that the driver of a car, truck or other motor vehicle has actually committed a traffic violation. As New Jersey drunk driving defense attorneys, I and my staff of experienced DWI defense lawyers make it our job to assist individuals accused of DWI (also known as driving while intoxicated), prescription drug DUI, or even marijuana possession in a vehicle.

Initial Traffic Stop
In State v. Carpentieri, the New Jersey Supreme Court ruled that a patrolman must have an “articulable and reasonable suspicion” that a traffic law violation has been committed before he can even consider effecting a drunken driving traffic stop. Additionally, once a driver has been pulled over, state law says that the police officer must have probable cause before he can make an arrest and subsequently conduct a breathalyzer test. When we say probable cause, it means cause to believe that the motorist is in fact operating his or her vehicle in an intoxicated condition.

Please keep in mind that at no time during this early stage of a DWI arrest does a driver have the right to advice from counsel. Even an experienced DWI lawyer will be of absolutely no help at that particular point in time.

Arraignment
The second step following a DWI or DUI arrest, which can also include breath test refusal, is the arraignment of the subject. As part of this step, the motorist receives a Complaint. The defendant makes his initial appearance at arraignment where the court informs him of the charges. Simultaneously, the defendant is also told of his rights under New Jersey state law, after which he will enter a plea of guilty or not guilty.
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August 21, 2010

New Jersey Drunk Driving News: Bergen County DWI and Drug DUI Police Blotter

by Jonathan F. Marshall

LyndhurstA 56-year-old out-of-state woman was arrested and charged with DWI after she apparently left the scene of a minor accident. According to police reports, officers were called to the scene of a motor vehicle accident on a late Monday afternoon, from which one of the drivers had subsequently left. At nearly the same time, police received reports of an allegedly intoxicated person in a Quality Inn parking lot across the street from the accident. The woman was taken into custody and eventually released on summonses.

East Rutherford

A 21-year-old Weehawken, NJ, female resident was stopped by police after officers observed the driver make a U-turn along New Jersey’s Route 120 and in the process hit the center divider of the highway. After pulling over the suspect’s car police determined that the woman was apparently intoxicated. Officers noticed a plastic bag in the vehicle, which the driver eventually identified as containing marijuana. She also admitted to police that she had planned to sell the controlled dangerous substance (CDS). The woman was arrested and charged with multiple violations including possession of CDS under 50 grams and possession of marijuana with intent to distribute.

August 12, 2010

New Jersey Drunk Driving News: Morris County Police Blotter DWI Arrests and Summonses

by Jonathan F. Marshall

East Hanover, New JerseyA 35-year-old Elmwood Park woman was issued a summons for drunk driving as well as leaving the scene of an traffic accident after she reportedly hit another vehicle along Rt. 10 near the Algonquin Pkwy early last month. A Hanover police officer as well as several other patrolmen from East Hanover were called to the scene of the accident where the driver was arrested on the spot and taken to headquarters for a breathalyzer test. According to news reports, the woman refused to take a blood-alcohol content (BAC) test at the police department, after which she was issued additional summonses for refusal to submit to a breath test, careless driving, reckless

driving and failure to report a motor vehicle accident.

A Brooklyn, NJ, woman was arrested on charges of marijuana possession in a vehicle early on a Sunday morning. The patrolman at the scene saw the driver apparently smoking pot in a parked vehicle at Summerfield Suites. While undergoing processing at the headquarters, officers were alerted to the fact that the driver was also wanted on a $350 Alpine warrant for failing to appear on a previous motor vehicle charge. The driver posted bail after being charged with possession of marijuana and a motor vehicle summons for possessing a drug in a motor vehicle.