Trenton Marijuana DUI Lawyers

Skilled Trenton Marijuana DUI Lawyers Aggressively Defend New Jersey Clients Charged with Driving Under the Influence of Marijuana

If you are like some New Jerseyans, you may think that smoking marijuana and then getting behind the wheel of a car probably isn’t the smartest thing to do but it certainly isn’t illegal. That couldn’t be further from the truth. It is illegal to drive under the influence (DUI) of marijuana and New Jersey imposes strict penalties if you are convicted. But marijuana DUI charges are more difficult to prove than other DUI charges and there are some avenues to explore to develop a strong defense against the charges. At the Davis Law Firm, LLC, our Trenton marijuana DUI lawyers are knowledgeable of New Jersey’s drug laws and skilled at aggressively defending our clients charged with DUI marijuana.

New Jersey’s DUI Marijuana Laws

The state of New Jersey considers driving under the influence (DUI) of marijuana a criminal offense. In imposing penalties for DUI marijuana, New Jersey applies the same laws that govern driving under the influence of alcohol with a blood alcohol concentration (BAC) or 0.10% or more.

New Jersey penalties for driving under the influence (DUI) of marijuana include the following:

  • Jail time of up to 30 days
  • Monetary fine of $300 to $500
  • Mandatory participation at an Intoxicated Driver Resource Center for 12 to 48 hours, with at least two consecutive days of at least six hours per day
  • Drivers’ license is suspended for a period of seven months to one year
  • Mandatory payment of an insurance surcharge of $1,000 per year for a period of three years

In addition to the above penalties for conviction of driving under the influence (DUI) of marijuana, a marijuana DUI has other, lasting impacts on other aspects of your life — both professional and personal. A criminal record can impede your educational opportunities, ability to secure housing, and make it difficult to secure employment long after you have completed your sentence.

Trenton Marijuana DUI Lawyers Prepare Vigorous Defense Of Charges for New Jersey Clients

To win a criminal case, you need a strong defense of the charges brought against you. It’s that simple. And yet it’s not simple at all. 

Fighting a driving under the influence (DUI) of marijuana charge requires investigation of the facts, review of the evidence against you, analysis of the circumstances surrounding your traffic stop and subsequent arrest, and more. At the Davis Law Firm, LLC, our skilled Trenton marijuana DUI lawyers prepare a vigorous, tailored defense of DUI charges, including pursuing the following:

  • Challenging the issue of probable cause: whether the arresting officer had probable cause to suspect you of driving under the influence (DUI) 
  • Investigating whether the arresting officer had proper cause for the traffic stop
  • Challenging the admissibility of marijuana confiscated from your vehicle or from your person
  • Questioning the reliability of the law enforcement Drug Recognition Expert and their observations at the time
  • Challenging law enforcement testimony that alleges you were observed while under the influence of marijuana
  • Bringing expert witnesses to explain and challenge the drug testing methods used

In order to be convicted of driving under the influence (DUI) of marijuana, it must be proven beyond a reasonable doubt that you were operating a vehicle while impaired from marijuana use to such a degree that you were unable to drive safely. 

Dedicated criminal defense attorneys at the Davis Law Firm, LLC use every legal tool, strategy, and resource to develop a vigorous defense of the charges brought against our clients. Our Trenton DUI marijuana attorneys offer a free case evaluation to those facing criminal charges; schedule your free consultation today.

New Jersey’s Laws On Marijuana Possession

The state of New Jersey allows for the medical use of cannabis and, under the law, qualifying patients and/or their caregivers are permitted to possess up to 2 oz. of marijuana per month. Penalties for non-medical marijuana possession in New Jersey are as follows:

  • Possession of less than 50g of marijuana (or less than 5g of hashish, the most potent and concentrated form of cannabis) is considered a disorderly persons offense and brings a penalty of up to 6 months in jail and a monetary fine of up to $1,000
  • Possession of more than 50g of marijuana (or more than 5g of hashish) is considered a fourth-degree crime and brings a penalty of up to 18 months in prison and a monetary fine of up to $15,000

Questions About A Charge Of Driving Under the Influence (DUI) Of Marijuana In New Jersey? Schedule A Free Consultation With Our Skilled Trenton Marijuana DUI Lawyers

If you or a loved one has been charged with DUI marijuana, schedule a free consultation with our skilled Trenton Marijuana DUI Lawyers at the Davis Law Firm, LLC. Our dedicated team shares more than 20 years of experience fighting for the accused, with a track record of success.

Frequently Asked Questions About Driving Under the Influence Of (DUI) Marijuana Criminal Offenses In New Jersey

FAQ: I am approved for medical marijuana use. Can I still be arrested for driving under the influence (DUI) of marijuana in New Jersey?

Yes. Even though you may be a licensed medical marijuana user, under the Compassionate Use of Medical Marijuana Act, you are prohibited from operating or being in control of a vehicle while under the influence of marijuana. So even if you legally consumed the marijuana, it is not legal to then go drive while under the influence of marijuana.

FAQ: I was charged with driving under the influence (DUI) of marijuana. Are there any alternatives to prosecution?

In some cases, there are alternatives to criminal prosecution if you have been charged with driving under the influence (DUI) of marijuana in New Jersey. The skilled criminal defense attorneys at the Davis Law Firm, LLC — who have extensive experience handling DUI marijuana cases — pursue alternatives to prosecution for our clients. This may include pretrial intervention, which results in no record of conviction upon successful completion. This may also include participation in special programs such as drug court, which when successfully completed brings a sentence of probation. To learn more about alternatives to criminal prosecution for DUI marijuana, arrange a free consultation with the criminal defense team at the Davis Law Firm, LLC.

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