A Former Prosecutor in Edison Is Ready To Defend Your Drug DWI Offense
While NJ driving under the influence of drugs (“DUI”) charges are less common than alcohol-related violations (a.k.a. DWI or driving while intoxicated) in Edison Township, the scenario crops up quite a bit. It is often part of a broader case involving a criminal offense of drug possession. If you are facing an Edison driving under the influence offense involving heroin, marijuana, cocaine, Ambien, or a prescription drug, our defense lawyers have the skill to successfully defend your case.
The qualifications that make the Edison criminal attorneys at the Law Offices of Jonathan F. Marshall ideal for your defense include:
- Over 200 years of combined experience defending DWI and DUI offenses in Edison Municipal Court
- 15 lawyers that limit their practices exclusively to representing clients charged with violating the law
- Former prosecutors who have served as a Director in the Middlesex County Prosecutor’s Office and also as a municipal prosecutor in Edison
- 5 attorneys who are certified on both the Alcotest and as instructors in Standardized Field Sobriety Testing
- Certified criminal trial attorneys
- A long record of DWI/DUI dismissals and downgrades throughout Middlesex County
Our Edison DUI lawyers know how to best prepare a defense and the quickest route for obtaining your desired result. Call us for a free consultation at 732-248-7675. An attorney is available to take your call 24/7.
Edison Township Drug DWI Charge
The New Jersey DWI law prohibits not only driving while intoxicated but also while under the influence of a narcotic, hallucinogenic, or habit-producing drug. This means that a person faces the same penalties in Edison Municipal Court for a DUI involving cocaine, heroin, LSD, marijuana, any prescription pill or any other scheduled controlled dangerous substance as they do for a DWI. While the standard necessary to prove a case involving marijuana DWI differs from that for other drugs, the approach is generally the same. The Edison prosecutor must prove that there was a drug in the system of the driver at the time of the motor vehicle stop and that the CDS impaired their ability to operate a motor vehicle safely in violation of N.J.S.A. 39:4-50.
Proving Presence Of Drugs. The easiest way for the police to establish drugs/cds in the bloodstream is through a urine or blood test. Up until recently, police could strongarm those accused of DUI and DWI into performing these tests, however, the recent United States Supreme Court decision in Missouri v. McNeely changed the entire playing field. Police are now mandated under McNeely to obtain a warrant before they may draw a blood or urine same. Failure to comply with this requirement is often fatal to an Edison DUI case.
Establishing Impairment. It would be unfair to convict someone of a drug DWI without actual proof of impairment that the time of operation since CDS often remains in a person’s system long after they are physically affected. The deal with this issue, NJ Law requires the use of a drug recognition expert (“DRE”) in all drug-related 39:4-50 cases outside of those involving marijuana. A DRE is a police officer who has gone through rigorous training in order to obtain expertise in determining when someone is impaired by drugs. The DRE must link the presence of drugs in the motorist system with an inability to operate a motor vehicle safely.
DUI Penalties That Apply In Edison Municipal Court
The penalties for driving under the influence of CDS can definitely have a significant affect on your life. For a first offense, this means a license suspension of at least 7 months and up to a year, fines, and an annual surcharge of $1,000 for three years. A second offense DUI carries a 2 year license suspension, fines, community service, mandatory installation of an ignition interlock and the same $1,000 annual surcharge for 3 years. A third or subsequent offense results in an escalation of the suspension period to 10 years, fines, community serious, an ignition interlock and also a 3 year surcharge of $1,500 to restore your license. The biggest consequence of a third offense is, however, a mandatory jail sentence of 180 days at the Middlesex County Correctional Institute.
Edison DUI Defense Attorneys
As you have undoubtedly determined, a drug DWI will impact your future if you cannot escape a conviction. You will not have your license and there is no ability to obtain a work license or hardship privilege. What this means is that you either cannot use a motor vehicle or need someone to drive for you for a minimum of 7 months. As if this was not consequencing enough, a DUI in Edison results in extreme financial consequences. It is certainly in your best interests to call our experienced Edison DWI lawyer so that you have the best opportunity to avoid a conviction. We are available to assist you 24/7 and consultations with an attorney at our firm are free of charge.
