New Jersey is about to greatly expand the state’s medical marijuana program. That means patients will have greater access to medical marijuana for an increasing number of conditions.  What does that mean in the context of DUI?

With the expansion of the medical marijuana program, it is anticipated that there will be an increase in the number of marijuana-related DUI arrests in the State of New Jersey.  Similar to any lawfully prescribed drug, because you may lawfully ingest it, doesn’t make it legal to drive while under the influence of that drug.

It has been and remains illegal to drive in New Jersey if you are under the influence of alcohol or drugs. When it comes to a DWI arrest involving alcohol, the state has set a limit for the amount of alcohol someone can have in their system. In New Jersey, any person having alcohol above a .08% BAC in their system is considered driving while intoxicated.  In most cases, this limit is tested by requiring a driver to submit to a breath test and is measured by an Alcotest machine, which each police department has at their headquarters.

What if there is no alcohol in a person’s system? Can they still be convicted of Driving While Intoxicated? The answer to that question is yes. Under New Jersey’s DWI statute N.J.S.A. 39:4-50 a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of .08% or more by weight of alcohol in the defendant’s blood will be guilty of  DWI.

The issue in New Jersey, however, is that there is currently no defined legal limit as to how much marijuana or THC a person can have in their system. Additionally, there is no machine or device similar to the Alcotest machine used in the State of New Jersey that measures the amount of THC in someone’s system. So how does the state prove you were driving under the influence of Marijuana?

Police Departments throughout New Jersey have been using what are known as Drug Recognition Experts to conduct a series of tests on drivers suspected of being under the influence of marijuana.  The DRE is a specially trained officer who runs a series of tests on an individual arrested on suspicion of DUI and provides an opinion in a report.

Often, in addition to the DRE examination, police will request that a driver provide a urine sample. Other times, police will obtain a search warrant for a sample of a person’s blood or urine.

Our office has successfully challenged DUI charges based on the suspicion of driving under the influence of marijuana. We work closely with several DUI experts that are retired police officers and certified DRE experts.

If you or someone you know has been charged with Driving While Under the Influence of Marijuana in Madison, Chatham, Harding, Mendham, Chester, Morristown, Morris Township, Morris Plains, Florham Park, Hanover Township, East Hanover, Washington Township, Boonton, Butler, Denville, Dover, Jefferson or any town within Morris County New Jersey or surrounding counties, please call us for a free consultation.

In New Jersey, it is illegal to operate a vehicle with a blood alcohol content of .08% or higher, however, if you are under 21 years old, it is illegal to operate a vehicle with any alcohol in your system.

Police in Mendham, Madison, Chester, Harding, Florham Park, Morristown, and throughout Morris County aggressively enforce underage drinking and driving. Therefore, if your teenage son or daughter consumes even one beer and operates a vehicle, they could be convicted of an underage or “baby” DWI

New Jersey’s Underage DWI statute provides:

N.J.S.A. 39:4-50.14. Operation of motor vehicle by person who has consumed alcohol but is under the legal age to purchase alcoholic beverages; penalties

Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than .08% by weight of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State for a period of not less than 30 or more than 90 days beginning on the date he becomes eligible to obtain a license or on the day of conviction, whichever is later, and shall perform community service for a period of not less than 15 or more than 30 days.

In addition, the person shall satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety as prescribed by the Chief Administrator.

If you are under 21, drive with any detectable amount of alcohol in your system (.01 BAC or above), and are convicted for violating New Jersey’s zero tolerance law, the penalties are:

• Loss or postponement of driving privileges for 30 to 90 days
• 15 to 30 days of community service
• Participation in an alcohol and traffic safety education program

If you are under 21 and get caught driving with a BAC of .08% or higher, you will be charged with an adult DWI under N.J.S.A. 39:4-50.

New Jersey has some of the strictest gun laws in the country. Long gone are the days when Ralphie can get a Red Ryder BB gun for Christmas and go shoot in the backyard. A pellet and/or BB gun is considered a firearm in New Jersey and all of the firearm laws apply to them. This means that the purchase of a pellet gun or bb gun in New Jersey requires a Firearm Identification Card. It also means that there are strict laws regulating the transport of them in a vehicle; the same laws that apply to the transport of any firearm.

Most towns throughout Morris County New Jersey, have enacted municipal ordinances which prohibit or significantly limit the discharge of firearms on any property within the town. Because a pellet gun is a firearm in New Jersey, you could face serious consequences for shooting a pellet gun in your backyard.

In many surrounding states one can readily purchase a pellet gun or BB gun at their local sporting goods store, over the counter. A common misconception is that because it was purchased in another state, it can be brought to New Jersey and used with no problems.

We have represented many clients that purchased a pellet gun in a surrounding state and were pulled over with it in their vehicle or caught using it unlawfully in New Jersey, only to learn that they were facing serious legal ramifications.

BB Gun Pistols: Pellet or BB gun pistols are considered firearms in New Jersey. Therefore in order to purchase one, not only must an individual have a Firearms Identification Card, but they must also have Pistol Purchaser Permit. Additionally, in order to actually carry the pellet or bb gun pistol on their person, one must have a carry permit under N.J.S. 2C:58-4.

Pellet or bb rifles or long guns: Even though a pellet gun rifle does not have a rifled bore and arguably does not fall under the definition of “rifle” in New Jersey, it is still considered a firearm and a Firearm Identification Card is still required to purchase, and possess one in New Jersey.

BB gun or Pellet gun with built in silencer: Many of the pellet guns sold today have a built in noise suppressor that cannot be removed. Guess what? Those are illegal in New Jersey too; That means that new Gamo Whisper you bought is illegal to possess in New Jersey.

The following excerpt appears on the New Jersey Division of Fish and Wildlife website:

“The following is the official Division of Fish and Wildlife statement regarding the use and possession of air guns equipped or manufactured with silencers:
As per a recent interpretation by the State Attorney General’s Office, the New Jersey Division of Fish and Wildlife’s Bureau of Law Enforcement is advising sportsman and sportswomen that the possession and use of air guns equipped with silencers is illegal pursuant to New Jersey Criminal Law. Silencers are defined as any device designed to lessen or muffle the noise of the gun discharging. We urge all users of air guns to determine through the manufacturer of the firearm whether or not they are so equipped. The possession and use of such air guns is ILLEGAL.”

Because a pellet gun is considered a firearm in New Jersey, and it is unlawful to have a firearm silencer in New Jersey, possessing a pellet gun with a built in sound suppressor constitutes a fourth degree criminal offense of unlawful possession of a prohibited weapon or device pursuant to N.J.S. 2C:39-3.

Airsoft guns/ Paintball guns:  There are a lot of varying opinions as to what the laws are for Airsoft Guns in New Jersey and whether or not they are considered a “firearm” in New Jersey. The fact is that a firearm ID card is not required to purchase an Airsoft gun in New Jersey. However, one must be 18 years old and produce a valid driver’s license to purchase one. This is because unlike bb guns and pellet guns, Airsoft guns are designed to shoot plastic bbs, rather than metal ones. This doesn’t mean that there can’t be legal implications for using one of these improperly.

Similarly, Paintball guns, which are not considered firearms under N.J.S.A.2C:39-1 f, do not shoot metal projectiles however both Airsoft guns and Paintball guns can cause injury to someone. Therefore they may be considered a “weapon” under N.J.S.A. 2C:39-1. Someone improperly using an Airsoft gun or Paintball gun in Morris County can be charged with possession of a “weapon” for an unlawful purpose, which is a fourth degree crime.

If you are charged with a bb gun, pellet gun, Airsoft gun or Paintball gun offense in Madison, Mendham, Chester, Chatham, Florham Park, Morristown, Harding, Washington Township, Morris Township, Morris Plains, Hanover Township, East Hanover or in the surrounding Morris County New Jersey towns, please contact our office at (973)-377-7800 to see how we can help you.

Can I get in trouble if my child’s friends drink a few beers in my house? This is a common question I am often asked by parents.  The fact is that it is illegal in New Jersey for an adult to allow minors to drink in their home, with some exceptions.

New Jersey Statute N.J.S.A. 2C:33-17(a) makes it a disorderly persons offense, punishable by up to six month in jail and a $1,000 fine to anyone who purposely or knowingly offers or serves or make available an alcoholic beverage to persons under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage.

There have been circumstances where a parent has been charged with this offense, when his child was in the basement with a few friends and the parent was upstairs sleeping. The language in the statute “make available an alcoholic beverage” can mean the parent is on the hook even if he or she turns a blind eye and the kids raid the liquor cabinet.

The statute however creates several exceptions. It allows the parent or guardian of an underage individual to provide their own underage child alcohol inside their home.   It also permits the service of alcohol to an underage person in their home if it involves a religious observance or ceremony.  Finally, this NJ statute does not apply to any person in his home who offers alcohol to an underage person in the presence of and with the permission of the parent or guardian of the underage person.

In addition to the above statute, many towns in NJ have enacted local ordinances making it unlawful for a minor to drink on private property. Therefore, it is important to be aware of your town’s ordinances before your child hosts a party.

Finally, New Jersey’s Social Host liability laws can extend to the homeowner who serves alcohol or allows another person to bring alcohol to their home and an intoxicated person leaving the home causes injury to a third person.  The homeowner can be sued for damages by that injured person for medical expenses, property damage, lost wages and pain and suffering.