Phoenix DUI Abogados

With the recent passage of ballot initiatives in the states of Washington and Colorado legalizing marijuana for recreational use, it’s a fair bet that more than a few individuals in the Garden State probably feel the same way as voters in those states; marijuana is more and more becoming an accepted form of relaxation, not unlike the use of alcohol has been for decades across the United States. As New Jersey DWI-DUI defense attorneys, we know that just believing something is benign, harmless or just plain “okay” is not a sufficient defense in a court of law.

Law is the key here. Even if states do begin to loosen up their legal restrictions on the use of cannabis, weed, hash or whatever one chooses to call it, legal use of marijuana on a national scale make take longer. And, while the significance of these two separate state referendums should not be underestimated, experts tend to agree that this was just the first major victory for the marijuana legalization advocates in what will likely be a long battle. The sticking point is that marijuana is still illegal under federal law, which overrules these states’ rights.

So we’ve established that marijuana may have a future as a legal substance, but here in New Jersey, as in most every other state, it is still a controlled dangerous substance (CDS) in the eyes of the government, and state and local law enforcement. Regardless of its status as one of the most commonly used drugs, at least that we have seen in our work as drug DUI defense lawyers, marijuana remains an illegal substance that can really cause a driver problems if convicted of driving while impaired by the substance.

With the recent passage of ballot initiatives in the states of Washington and Colorado legalizing marijuana for recreational use, it’s a fair bet that more than a few individuals in the Garden State probably feel the same way as voters in those states; marijuana is more and more becoming an accepted form of relaxation, not unlike the use of alcohol has been for decades across the United States. As New Jersey DWI-DUI defense attorneys, we know that just believing something is benign, harmless or just plain “okay” is not a sufficient defense in a court of law.

Law is the key here. Even if states do begin to loosen up their legal restrictions on the use of cannabis, weed, hash or whatever one chooses to call it, legal use of marijuana on a national scale make take longer. And, while the significance of these two separate state referendums should not be underestimated, experts tend to agree that this was just the first major victory for the marijuana legalization advocates in what will likely be a long battle. The sticking point is that marijuana is still illegal under federal law, which overrules these states’ rights.

So we’ve established that marijuana may have a future as a legal substance, but here in New Jersey, as in most every other state, it is still a controlled dangerous substance (CDS) in the eyes of the government, and state and local law enforcement. Regardless of its status as one of the most commonly used drugs, at least that we have seen in our work as drug DUI defense lawyers, marijuana remains an illegal substance that can really cause a driver problems if convicted of driving while impaired by the substance.

My office just finished representing an individual who was charged with Driving While Intoxicated, contrary to NJSA 39:4-50, Driving While Intoxicated in a Schoolzone, contrary to NJSA 39:4-50g and Carless Driving, contrary to NJSA 39:4-97 in the Township of Fairview. If convicted of the DWI charge, the defendant would be facing up to a twelve month loss of their driving privileges since their Blood Alcohol Content (“BAC”) was  determined to be .18%. In addition, if the defendant was convicted of a DWI in a Schoolzone, the defendant would facing between a one to two year loss of their drivers license and up to sixty days in the Bergen County Jail. If convicted of both DWI offenses, the Fairview Municipal Court Judge could require that the license suspensions run consecutively and the defendant could potentially lose their driver’s license for three years. Further, with the BAC determined to be over double the legal limit and a DWI in a Schoolzone charge as well, the reality of the defendant being incarcerated was very realistic.

Once my office received the discovery we knew we had to get the “readings” (the defendants BAC) suppressed if we had any chance of keeping the defendant out of the Bergen County Jail. We knew that if we were able to suppress the defendant’s breathalyzer readings, (.18%) the defendant would only be facing a three month loss of their driving privileges on the DWI charge. As a result, my office was able to receive various court orders which demanded that the state produce certains items of discovery within a certain time frame. These items include countless foundational documents for the Alcotest Machine (Machine that determines a defendants BAC) and a schoolzone map, which would prove that the defendant was actually operating his vehicle in a schoolzone at the time of his arrest.

After receiving these court orders, my office was able to successfully argue a motion to suppress the defendant’s Breath Readings.  As a result, the State could only prosecute the defendant as a tier one DWI, which if convicted subjects the defendant to only a three month loss of their driving privileges. With now having the upper hand, we entered into extensive plea negotiations. We were able to negotiate a plea agreement where upon the defendant would plead to a tier one DWI and a dismissal both the driving while intoxicated in a schoolzone and careless driving charge. In conclusion, the defendant, who at the beginning was facing up to a three year loss of their driving privileges and up to 60 days in the Bergen County Jail, was sentenced to a ninety day loss of their drivers license and no jail time.

The Law Offices of Jonathan F. Marshall is an experienced Bergen County DWI criminal defense firm. We have over 100 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. If you or someone you know has been charged with a DUI or any other criminal offense for that matter please contact any one of our Bergen County offices for a free initial consultation.

The post Fairview Man Avoids Jail After DWI in a Schoolzone Charge appeared first on Bergen County Criminal Lawyers.