New Jersey Marijuana DUI Lawyer
In a New Jersey marijuana DUI case, the State (or the prosecution) has the burden of proof beyond a reasonable doubt – or beyond a doubt based upon ordinary reason and common sense. Unlike a run-of-the-mill DUI case where a breathalyzer test is typically necessary to establish a defendant’s level of intoxication, the prosecution in a marijuana DUI case must introduce scientific evidence, such as a blood or urine test, in order to successfully prove its case.
Marijuana DUI charges are extremely serious and should not be taken lightly, and it is best to have a knowledgeable lawyer on your side representing you every step of the way. A New Jersey marijuana DUI lawyer can review all facts and circumstances surrounding your case with you. Contact a skilled drug DUI attorney to begin advocating for your legal rights.Proving a Marijuana DUI Case
In a New Jersey marijuana DUI case, as opposed to a drunk driving case, an expert who has been trained in marijuana intoxication must be able to link the presence of marijuana in the bloodstream to objective evidence that the defendant’s faculties were impaired.
In other words, the individual who was charged with a marijuana DUI must have been intoxicated to such an extreme that they were physically incapable of operating a motor vehicle under the circumstances. Therefore, it may be critical for individuals to seek the help of a New Jersey marijuana DUI lawyer before trial.
Under the current case law, the police must be able to show that marijuana altered the motorist’s physical coordination and mental faculties were a danger to themselves and others on the highway. Moreover, the motorist must have been tested either at the time of the arrest or by a Drug Recognition Expert (DRE), which is a type of specially trained police officer.What Is the Role of a Prosecutor?
In marijuana DUI cases, a prosecutor may also be able to establish intoxication through the testimony of a non-DRE trained police officer, if that person is trained in field sobriety and has experience dealing with marijuana intoxication cases. Pursuant to the United States Supreme Court case of Missouri v. McNeely, which is applicable in the State of New Jersey, a police officer may not require or force an individual to provide a blood or urine sample without first obtaining a warrant from a judge.How a New Jersey Marijuana DUI Attorney Can Help
A marijuana DUI conviction can result in harsh prison sentences and hefty fines. A New Jersey marijuana DUI lawyer can discuss the facts and circumstances of your individual case with you and fight to safeguard your legal rights while your case is pending.
A lawyer can also help you formulate legal defenses to your charge and may be able to assist you with obtaining a dismissal of your charge. If you have already been convicted of a marijuana DUI charge, a marijuana DUI attorney may be able to advocate for you at your sentencing hearing and help you to obtain a penalty reduction.