Woodbridge Drunk Driving Charges Dismissed
I represented a client this morning in Woodbridge Municipal Court charged with driving while intoxicated (DWI), consumption of alcohol in a motor vehicle, simple possession of marijuana (under 50 grams), and possession of drug paraphernalia. My client was allegedly sitting in a rest area on the New Jersey Turnpike with the car running, an open container of alcohol in the vehicle, and marijuana/marijuana paraphernalia in the vehicle. The state trooper approached the vehicle and allegedly smelled marijuana on my client and observed the marijuana and paraphernalia in plain view in the vehicle. Then, the police officer conducted the standard field sobriety tests, took the defendant's breath test readings, and obtained a urine sample from my client.
I was hired by the defendant's family to represent him. He had no prior criminal record and this was his first charge for drunk driving. I received the discovery evidence from the State and I was able to isolate a significant issue with regard to the drunk driving charge. First, the defendant's breath test readings were .01% blood alcohol content (BAC). Remember, the legal limit in New Jersey is .08% BAC. Thus, the defendant was under the legal limit in terms of alcohol despite the fact that he allegedly had an open container of alcohol in his vehicle. Further, the defendant's urine analysis came back as positive for marijuana. However, marijuana stays in your system for 30 days after consumption. Thus, the State could not prove that he was under the influence of marijuana at the time of operation. Finally, the State failed to utilize a Drug Recognition Expert (commonly known as a "DRE") at the time of the arrest to examine the defendant and determine if he was under the influence of drugs at the time he operated the vehicle. Therefore, the State was unable to meet its burden and show that the defendant was under the influence of drugs or alcohol at the time of the operation of the motor vehicle. As a result, the driving while intoxicated charge was dismissed and the defendant applied for, and received, a conditional discharge with regard to the marijuana offenses. This was an extremely satisfying result for the client and the firm as the defendant avoided the license suspension associated with a DWI charge.
