Skilled Defense Attorneys for those Facing Marijuana DUI Charges in Monmouth County and Throughout Southern New Jersey
The cannabis plant, known by various names like marijuana or weed, encompasses both the flower and psychoactive products derived from it. Despite the everyday use of the term marijuana, New Jersey law draws a legal distinction between cannabis and marijuana. In essence, cannabis denotes the regulated form cultivated and traded by state-licensed businesses, while marijuana pertains to the unregulated version found in the illicit market.
The legalities surrounding marijuana and forming the New Jersey legal landscape of cannabis have been especially evolving over the last decade. As these changes continue to manifest, so too do the complexities associated with driving under the influence of marijuana (DUI). In New Jersey, where The NJ Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (CREAMM) poses marijuana use and legal sale of cannabis products for adults age 21 and older, a thorough comprehension of the legal implications of marijuana DUI is critical. The text below discusses the nuances of marijuana DUI laws in the Garden State, shedding light on regulations, testing challenges, penalties, and the pivotal role of legal representation.
When confronted with the intricacies of the legal system, especially in cases related to drugs in Wall, Belmar, Eatontown, Colts Neck, Jackson, Freehold, or another community in and around Ocean and Monmouth County, New Jersey, it is crucial to be accompanied by a proficient and committed legal team. In New Jersey, a marijuana DUI is a violation demanding adept and assertive legal assistance. Contact Chamlin, Uliano & Walsh at (732) 440-3950 and get the professional insight you need to handle these complex situations properly.
Summary of the Shift in the NJ Legal Standing of Marijuana
While the legalization of recreational cannabis has transformed the legal status of marijuana, driving under its influence of drugs remains a severe offense in the state. New Jersey law forbids operating a motor vehicle under the influence of any controlled substance, which includes marijuana. Unlike alcohol, which has a standardized test, the breathalyzer, testing for marijuana impairment is more complex, and recognizing or identifying someone impaired can be subjective.
Determining impairment due to marijuana involves a cross of observations, on-scene sobriety tests, and drug recognition experts (DRE). The DRE professionals tasked with making these impactful and even life-changing determinations undergo technical training to specify indicators of drug impairment and provide testimony in court. They have a 12-step protocol to detect any impairment due to drugs. Under certain conditions, it may also be conducted to measure the presence of THC, the psychoactive component of cannabis. However, the presence of THC does not necessarily imply impairment at the moment of driving, as THC can remain in a person’s system for several days or even weeks.
Legal Approaches for Defense in Marijuana-Based DUI Cases
Defense options in DUI cases based on marijuana-based impairment often involve challenging the stop validity as typically testing on sight is not possible. Officers in the field look for items that can be pretty impressionistic and based on the senses, like the scent of marijuana or the appearance of bloodshot eyes. Tests in terms of fluid like blood or urine do not pinpoint if the driver was under the influence while driving the car. Even when officers try to uphold tests in their investigation, other factors can reduce their credibility. The chain of custody, lab tech handling or credibility issues, and even the conditions under which the sample was collected can all waver or raise questions in court. These are weak spots that your attorney can look for and highlight.
Varied Penalties Based on Specific Factors for Marijuana DUI Offenses in New Jersey
If you’re convicted of driving under the influence of marijuana in New Jersey, depending on the contributing factors involved in the incident, you may encounter many different penalties. These include fines, license suspension, obligatory drug education or treatment programs, community service obligations, and potential jail time. Repeat wrongdoers or cases involving aggravating factors, such as accidents or incidents with minors inside the vehicle, may result in more severe consequences. A marijuana DUI conviction can also usher in increases in your auto insurance rates or even policy cancellations, which can impede your ability to drive legally, affordably, and efficiently.
Financial penalties for New Jersey Marijuana DUIs vary. Typically, for first offenses, an individual can serve up to 30 days in jail with fines between $300 to $500 dollars and, as mentioned above, license suspension ranging from 7 months to 1 year. A further offense can be met with 90 days incarceration, a suspended license for up to 2 years, and fines up to $1000. A third or subsequent offense can bring a 6-month jail term, a $100 fine, and up to 10 years of license suspension. Additional factors like a history of criminal behavior, charges, and unique details of the incident also impact these penalties.
Contact Our Marijuana DUI Lawyers in West Long Branch, NJ
Facing challenges related to a marijuana DUI charge in New Jersey means you need an experienced DUI defense lawyer by your side. At Chamlin, Uliano & Walsh, our DUI defense attorneys bring a deep understanding and familiarity with NJ marijuana laws, so we are able to decode the rules and regulations and create a tactical approach to each defense. We also step in as a guardian of sorts for your legal rights. We will scrutinize any probable cause, comb through the words of the drug recognition expert, and dissect any blood test for error. Our lawyers can serve as the architect of your defense strategy, meeting every challenge with a solid counter.
Contact an experienced New Jersey marijuana DUI lawyer at Chamlin, Uliano & Walsh for a confidential consultation if you have been charged with a DUI involving marijuana in Howell, Red Bank, Hazlet, Point Pleasant, Asbury Park, Manasquan, or another municipality in Monmouth or Ocean County. Choose an attorney well-versed in the law but also adept at turning legal complexities into a clear, effective defense plan, and get in touch with us today at 732-440-3950 to discuss your options.