When an individual is charged with driving while under the influence of alcohol, there are certain tests that law enforcement officials can give that help prove whether or not an individual has an excessive amount of alcohol in their blood. However, when it comes to intoxication from marijuana (drug dwi), there is no ironclad test that law enforcement officials can give. For this reason, law enforcement officials are forced to rely on the opinions of experts. These opinions are subjective and allow for experienced driving while intoxicated defense attorneys room to rigorously cross examine. An experienced dwi defense lawyer can even call upon an opposing expert to challenge the state’s expert’s opinions. It is for this reason, that Bergen County prosecutors had to dismiss the case regarding intoxication by marijuana.
A resident of Hawthorne ran his vehicle into a train that was moving in Franklin Lakes last year. The accident left a 20-year-old passenger dead. A few hours after the crash blood samples were taken from the defendant. These samples showed that he had trace amounts of marijuana in his blood. Based on those results, the Bergen County Prosecutor’s office charged the driver with vehicular homicide. This charge was based on a conclusion reached by experts that the defendant was under the influence of marijuana when the crash occurred.
However the defendants defense attorney called upon his own expert to testify that traces of marijuana can remain in an individual’s blood for up to 24 hours after the marijuana has been ingested. Therefore, just because there were traces of marijuana in the defendants blood, it did not mean that the defendant was actually under the influence of marijuana at the time of the crash. As a result of this, the entire bottom fell out of the states case. Defense counsel then filed what is known as a motion to dismiss the indictment, which was later granted.
The conviction for the offense of vehicular homicide would have undoubtably changed not only the defendants life but his loved ones as well. If convicted the defendant would have been sentenced to decades in a New Jersey State Prison. The Law Offices of Jonathan F. Marshall has been defending individuals charged with driving while intoxicated, driving under the influence of marijuana and refusing to submit to a breath sample throughout Bergen County for over fifteen years. If you or someone you know has been charged with a criminal or traffic offense in Bergen County we can help. If you have any further questions please contact any one of our Bergen County Offices for a free initial consultation.