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Prescription Drugs and DUI

In recent years, arrests have been on the rise for drivers suspected of being under the influence of prescription drugs. These arrests often involve people who are lawfully taking medications, which have no intoxicating effects on driving skills. Unfortunately, an arrest for an alleged drug-related DUI/DWI can have tremendous financial and personal consequences for the accused. Fortunately, there are many ways to fight this type of DUI charge.

In a prescription drug DUI investigation, the police will often utilize drug recognition evaluations (DREs) and blood or urine tests to try to prove the charge. These officers typically have little to no formal education concerning how drugs affect the human body. Moreover, the officer usually has no information concerning the driver’s medical history. At best, an officer has a checklist of symptoms he follows in order to come to a conclusion that the driver is impaired by drugs. A knowledgeable DUI defense attorney will be able to damage a police officer’s credibility on these points.

An expert in pharmacology is realistically the only suitable witness who can give an opinion about a driver’s intoxication due to prescription drugs. In order for a pharmacologist to render an opinion about a prescription drug DWI, a number of factors must be known. First, the expert must know the medical history of the driver. This includes when a drug was prescribed, why it was prescribed, how often the driver takes the medication, and how long the driver has been taking the medication. Second, the expert must know when the last dose of the drug was taken. Third, the expert must know what behaviors were exhibited by the driver during the police investigation. Lastly, the expert needs to know what were the results of any blood or urine tests. Any competent pharmacologist will agree that, without all of this information, it is difficult, if not impossible, to state that a driver was DWI.

Lab results alone do not tell an accurate tale of whether a driver was DUI. The mere presence of a prescription drug in a driver’s blood or urine only shows that the person took the drug sometime recently. In fact, if a person has been taking a prescription drug on a regular, prescribed basis, then the drug should be detected during a blood or urine test. Unusually high amounts of the drug in a driver’s system may show intoxication, but the prosecution needs to have an expert witness properly explain that the amount of the drug caused the driver to be DWI.

Finally, crime labs are not infallible. Mistakes in testing are made for a number of reasons. Evidence samples can be improperly labeled. Preparation of evidence samples can be mishandled. Technicians running the tests may forget to do every step in the testing process, which would jeopardize the results. Misinterpretation of the testing results may occur as well.

Lawyers representing clients charged with prescription drug DUIs should have extensive training and experience concerning drug testing. These lawyers will know what type of information must be obtained from the lab and how to analyze that information in order to properly attack the government’s case.

Call Leckerman Law now to discuss how your case can be defended.

Philadelphia DUI Treatment Court

If you have been charged with a DUI, the first thoughts going through your mind probably concern the potential penalties you face. For drivers charged with a second or third DUI offense, the stakes are high. Jail-time is a certainty if convicted.

A person charged with a second offense DUI, who is alleged to have a blood alcohol level (BAC) of .16% or higher, faces a minimum of 90 days in jail and a maximum of five years. Someone charged with a third offense DUI, who is alleged to have a blood alcohol level (BAC) of .16% or higher, faces a minimum of one year in jail and a maximum of five years. Such long periods of time in jail can cost people their jobs, homes, and families.

For those people who do not want to take the risk of fighting a DUI and facing the time in jail of 90 days or 1 year, the Philadelphia Municipal Court system offers an alternative. Philadelphia is one of the few counties in Pennsylvania that has established a DUI treatment court. The treatment court provides an alternative to spending the entire minimum amount of time in jail.

For drivers facing the 90 days of jail, the DUI treatment court requires that only 10 days of jail-time be served, while the remaining 80 days can be completed on house arrest. Drivers facing a 1 year minimum, must be serve six months in jail, while the remaining six months can be completed on house arrest.

While this alternative sounds great, there are catches. First, the driver must plead guilty to the DUI. Second, the driver has to get a drug and alcohol evaluation completed in order to determine the level of treatment required. A program participant will have to complete drug and alcohol treatment at an inpatient facility, through intensive outpatient treatment or with non-intensive outpatient treatment.

Third, the participant must live in Philadelphia for house arrest and during the entire probationary period following it. Additionally, the cost for house arrest is approximately $250-$300 a month. This person must have a landline installed without call-waiting or internet access.

Finally, the time in jail cannot be served on the weekends. The ten and 180-days of jail must be served straight through. The jail term will start on the day when the participant pleads guilty.

The Philadelphia DUI Treatment Court (DUITC) does offer an attractive alternative to a long period of incarceration. However, it is more rigorous than regular probation or parole. For those people who want to get into the program, you should be aware that you are going to have to jump through hoops in order to show your willingness to rehabilitate yourself. Before going into the program, a driver should consult with a DUI lawyer who knows the program and can discuss potential defenses to the DUI charge.

NJ Open Container Law

There Actually Is an Open Container Law

When I was a young driver I heard rumors that you could be arrested for having an open container in a vehicle. I was confused from the beginning. I couldn’t figure out whether or not or not it was okay to drink a soda in a vehicle. A soda was a beverage, right? I would have to open it to drink it. Why did the government care about whether I drank a soda in my car? Luckily, I learned that by beverage, the law was referring to alcoholic beverages. That, of course, made more sense.

Open container laws were created to help prevent the consumption of alcohol while driving. Across the United States, alcohol has been linked to many vehicular deaths. The goal of these laws is to reduce the amount of alcohol-related deaths by penalizing the use of alcohol under certain circumstances.

New Jersey is one of the many states that has an open container law. This law not only prohibits the consumption of alcohol while operating a vehicle, but it also prohibits the simple possession of an opened container of alcohol in the car. The law states the following:

39:4-51b. Prohibition of possession of open, unsealed alcoholic beverage container, circumstances

a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.

What is considered an opened or unsealed container? An open container is a beverage that is easily accessible to drink. Any opened container that is in the passenger compartment is considered to be an open or unsealed container under the law. If the container is in the trunk of the car or located behind the last upright seat in a trunkless vehicle, then the container is not prohibited. Empty containers may also fall under the definition of open if they are in a location that is accessible and contain residue of an alcoholic beverage.

The open container law applies to everyone in the vehicle. It does not matter if there is a designated driver. As long as there is an open container in the car and the passengers or driver can easily reach it while the car is in motion, someone is getting in trouble. There are some exceptions however. Open containers are allowed in limousines, buses and taxis.

The open container law in New Jersey does not call for jail time. In New Jersey, the penalty for breaking the open container law is a dollarsignr200 fine. If caught a second time, the fine increases to dollarsignr250 plus possible community service for 10 days. Also, there is no license suspension. The open container law is less of a punishment than a DWI charge and more of an expensive warning. It may be worth it, if it saves a life.

CHEWING TOBACCO AND DUI BREATH TESTING

A common DUI question is whether the presence of chewing tobacco can affect breath testing results. It is true that chewing tobacco or smokeless tobacco can alter breath testing results. However, there are a number of reasons why this is the case.

Many brands of chewing tobacco contain raw ethyl alcohol. Ethyl alcohol is the same type of alcohol that is found in alcoholic beverages like wine, beer and hard liquor. Ethyl alcohol is also the type of alcohol that breath testing machines are programmed to detect.

Although chewing tobacco contains a miniscule amount of alcohol, a very small amount of raw alcohol can falsely elevate breath test results. Proportionately, raw alcohol in a person’s mouth will contain a much greater amount of alcohol molecules than the number of molecules contained in a breath sample. When a DUI suspect blows into the breath testing machine, the alcohol in the air sample from the person’s lungs will most likely mix with the raw alcohol in the person’s mouth from the chewing tobacco.

Many breath test machines are programmed to detect when raw alcohol is present in a DUI suspect’s mouth during testing. Those machines are supposed to alert the operator that raw mouth alcohol is present. Yet, these machines are fallible and often do not flag mouth alcohol. The result is that a DUI suspect’s alleged BAC will be falsely inflated.

Another issue concerns particles from tobacco products such as “dip” that typically remain in a person’s mouth, even after the bulk of it is spit out. At some point in time after initially chewing dip, the ethyl alcohol ingredient will dissipate in a person’s mouth. Nonetheless, the remnants of tobacco can still absorb and potentially trap alcohol that was consumed by a DUI suspect or regurgitated if a person suffers from reflux disease. Again, this trapped mouth alcohol can falsely elevate breath test readings.

Both New Jersey and Pennsylvania DUI laws specifically require the removal of tobacco from a suspect’s mouth before breath testing. Additionally, breath test operators are required by law in both states to observe a DUI suspect for 20 minutes prior to taking the first breath sample. This 20-minute period is supposed to be enough time for any mouth alcohol to totally dissipate.

Even though operators are required to follow these procedures rigorously, police officers can fail to abide by the laws concerning breath testing. If those procedures are not followed, then the breath testing results will not be admissible evidence. This factor could lead to dramatically reduced penalties for DUI or the charge ultimately being dismissed.

New Jersey Possession of Drugs in an Automobile

Were you aware that there are specific laws regulating the possession of drugs while in a vehicle? Although most people know there are laws regulating the possession and use of certain controlled substances, many do not know there are additional laws for possessing drugs in a vehicle in New Jersey. Someone with drugs in his or her possession while operating a vehicle could face a DUI charge, criminal drug possession charges, and a charge of operation of a motor vehicle while in possession of a controlled dangerous substance under N.J.S. §39:4-49.1.

N.J.S.A. 39:4-49.1 reads:

Drug possession by motor vehicle operator

No person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the “New Jersey Controlled Dangerous Substances Act,” P.L. 1970, c. 226 (C. 24:21-1 et seq.) or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.

A person who violates this section shall be fined not less than $50.00 and shall forthwith forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction.

This charge would be in addition to any other applicable drug law that the driver may be guilty of breaking. In addition to the published controlled substances, certain prescription drugs are prohibited if not used legally. Drugs prescribed by dentists, doctors or even veterinarians are considered illegal if they are not accompanied by a prescription. Luckily, for most people, prescriptions are included on the bottle.

The charge of operating a vehicle while in possession of a controlled substance requires three things to be proven by the state. First, the state must show that a motor vehicle was actually being operated. Sitting in a car that is not being operated is not valid for this law. In that situation, it would be a possession charge, but not one associated with the operation of a vehicle.

The second requirement for a charge of operating a vehicle while in possession of a controlled substance is the actual presence of a controlled substance. Being under the influence of a controlled substance is different than possessing it. If a driver has ingested a drug, but there is no evidence of it in the vehicle, then it might be a charge of driving under the influence (DUI or DWI), rather than a possession charge. If the driver is both impaired and in possession of illegal substances, both charges might apply.

The third, and possibly most complex requirement for this charge, is the clause that the driver must be immediately aware of possession. This means that the driver must know at the time of arrest that he or she had possession of the controlled substance. If the controlled substance is not in the driver’s possession, chances are the charge will not stick.

If you are found guilty of operating a vehicle while in possession of a controlled substance in the State of New Jersey, then your license will suspended. A conviction for this charge will result in a minimum of a two year license suspension. There is no work or conditional license. A conviction of this traffic offense may not seem like a big deal, but a two year license suspension can really be damaging.

Pennsylvania Leaving the Scene of an Accident

An accident is often not a big deal, but there are many reasons why some people would leave the scene of an accident. Many times it is because they are afraid of being found guilty of another crime, such as driving under the influence or driving with a suspended license. In those drivers’ minds it may make sense to ignore an accident they may have caused in order to prevent further prosecution.

Besides being the wrong thing to do, leaving the scene of an accident in Pennsylvania, commonly called “hit and run,” is a punishable offense. Under 75 Pa.C.S. dollarsignr3742, dollarsignr3742 and dollarsignr3745, all drivers are required to notify the police department about any car accident, whether the driver was responsible or not for the accident. Even if the accident involved unattended property, the driver is expected to leave information. That notification should include insurance information and contact information.

When there are drivers for both vehicles at an accident, each driver must provide information concerning insurance, registration, and driver’s license to a police official. They should also remain at the scene in order to give a report to police officials. If police officials do not arrive, drivers are expected to report the incident with all of the required information at the nearest police station.

A summary offense of leaving the scene of an accident with unattended property is no-criminal and carries a fine of up to dollarsignr300 and 90 days in jail. These hit and run offenses (75 Pa.C.S. dollarsignr3745) typically involve vehicles with no one in it.

Leaving the scene of an accident in PA with injury to a passenger or the other driver is a first degree misdemeanor under 75 Pa.C.S. dollarsignr3742. Hit and run with serious bodily harm is a third degree felony that requires a minimum of 90 days in jail. If the accident caused death, it is a third degree felony punishable by at least one year in prison and a fine of at least dollarsignr2500. Drivers will also receive driving privilege suspensions of 6 months to one year.

New Jersey Leaving the Scene of an Accident

Accidents are never created on purpose. Most people do not intend to have their vehicles cause damage to another person or thing. Unfortunately, accidents do happen. When they do, there is the understanding that the person at fault will make every attempt to correct any mistake made.

People leave the scene of an accident in New Jersey for many reasons. In most cases, it is because they are avoiding prosecution of another crime. For instance, they may be driving while intoxicated or may have drugs in their possession. In those driver’s minds, it may make sense to ignore an accident in order to prevent further prosecution.

For most accidents, drivers exchange information and let the insurance companies sort out the rest. When a driver does not do this, it is considered a hit and run. This means that a driver who is guilty of leaving the scene of an accident in NJ will face serious consequences under N.J.S. 39:4-129.

In New Jersey, leaving the scene of an accident is a punishable offense. Drivers are required to stop immediately after they are involved in an accident and notify police officials if one is not on the scene. Drivers are also required to exchange information with other drivers involved. This includes basic contact information, driver’s license information, insurance information and vehicle registration information. They are also expected to provide assistance to victims in the form of transportation or assistance securing transportation for the treatment of injuries.

If the accident involves a vehicle only, or property, drivers are still required to provide that information to the owner. If they cannot do so, they should report the accident to a local police department.

The penalties for not following these guidelines under N.J.S. 39:4-129 are actually quite severe. For leaving the scene of accidents that resulted in injury or death, the penalties include 180-days in jail, a license suspension of one year and a fine if dollarsignr2,500-dollarsignr5000. If the accident caused at least dollarsignr250 in damage to a vehicle or property only and the driver did not remain to provide all of the required information, he or she will be subject to fines and possible jail time. In New Jersey, these fines range from dollarsignr200 to dollarsignr400 for a first offense and dollarsignr400-dollarsignr600 for a second offense. The driver could also spend some time in jail. For a first offense it can be up to 30 days. For a second offense it is at least 30 days but no more than 90 days.

Allowing a Drunk Driver to Use Your Car Is Illegal

The Super Bowl is often good reason to get together with friends and to drink a few brews. After the game, you may make the decision that you had too much to drink and should not be driving. That’s a good call. However, allowing a buddy to drive your car can be as bad a mistake as driving the car yourself.

In New Jersey, the DWI laws punish not only a drunk driver but the person who let the drunk driver use his car. Title 39:4-50 states in part:

a person who.. permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more.

In other words, if you allow a person to drive the car that is registered to you or a car that you control (e.g., a rental car), then you can be charged with a DWI. If found guilty, the penalties are the same as if you were convicted for a DWI. Even worse, if you had a prior DUI or DWI, then that prior conviction can be used to treat you as a second DWI offender.

As a first offender in New Jersey, the penalties include license suspension, fines and surcharges, intoxicated driver classes and the ignition interlock device. Second offender status means that the license suspension is for two years and there is also mandatory jail-time.

So, when you make the intelligent decision not to drive drunk, you also have to make sure that the driver of your car is not intoxicated. Otherwise, you may find yourself in a New Jersey municipal court.

NJ Failure To Report

What would you do if you were in an accident? Chances are hanging around to make a police report isn’t the first thing that crosses your mind.If you are in New Jersey, though, it should be. Failure to report an accident in NJ is illegal under N.J.S. 39:4-130 and can cause more problems than just the accident alone.

It can be assumed that accidents are not done with intent, but that is not a reason to simply ignore them. With every accident there is a legal responsibility to remain at the scene and report it to the police. Providing identifying information and assisting with any victims is the bare minimum a driver should do if involved in an accident.

Even though failure to report an accident is illegal, it isn’t just the career criminals that are tempted to do it. It is easy to understand, because almost anyone who drives may be involved in an accident and not everyone may feel it necessary to report the accident. Sometimes it is because the driver in the accident may think the accident is too small to report, or there may not be anyone present to report the accident to. In some cases, the driver is too scared to report the accident.

39:4-130 reads: The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of dollarsignr500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the commission on forms furnished by it.

For most accidents, police will arrive on the scene to take a report. This can occur after they are either notified by witnesses to the accident or the victims themselves. When this happens the police will gather all of the required information.

When this does not happen, or police are not able to arrive, it is the responsibility of those involved to report the accident within ten days. The report would include specific information about the accident, including all vehicles involved, and the cause. Although the reports are very detailed and legally required, they are not publicly available. Completing the police report is solely for fulfilling the legal requirement of reporting the accident.

How small is too small of an accident to report? In New Jersey, all accidents that cause at least dollarsignr500 in damages must be reported to a police department. If the driver of the accident is not the owner of the car, the owner of the car is responsible for ensuring that the report is made. Occupants in the vehicle during the accident can also be required to notify police if the driver is physically unable to do so.

The penalties for failure to report an accident in NJ are very specific. There is a fine of dollarsignr30 todollarsignr100. Driving privileges can also be revoked or suspended due to not following this law.

The Best DWI Attorney in New Jersey

When charged with a DWI in New Jersey, the potential penalties for a conviction are severe. The period of license suspension will range from 90 days to 10 years, depending on the number of previous DWI convictions. Time in jail ranges from 30 days to 6 months. Additionally, there are tremendous financial penalties in the form of surcharges, fines, and monthly fees for an ignition interlock device. That is why finding the best DWI defense attorney for your case is essential.

There are numerous factors that should be taken into account when trying to find the best DUI lawyer. Typically, the cost of representation is the first factor on people’s minds. Common sense dictates that the best professionals in a particular field will charge more for their services than less competent professionals. That is why it is unrealistic to expect that the best lawyers or even good ones will come at a cheap rate.

Experience is another essential factor to be taken into account when choosing an attorney. The best DWI attorneys should have experience from handling hundreds, if not thousands of DUI cases over many years. In addition, the best lawyers will have received extensive training in various areas of DWI defense. These areas include field sobriety testing, breath testing, blood testing, and drug use recognition tactics utilized by the police.

Moreover, the best DWI attorneys will routinely present teaching seminars to other attorneys concerning the ways to defend DUI charges. In this sense, why hire the attorney who learns from the best when you can hire the best?

Finally, the best DWI attorneys will make sure that no stone goes unturned when seeking ways to attack a DUI prosecution. Years of experience and training are the tools that the best lawyers use in order to ensure that every defense is asserted; even new and novel approaches that other attorneys fail to explore.

Your license, freedom and job may be on the line. So, make sure that the decision in finding the best DUI lawyer for your case is the right one.