DUI

Holmdel NJ Driving Under the Influence of Drugs Charge

Issuance of a summons alleging operation of a motor vehicle under the influence of marijuana, prescription medication, or another drug is much more common in Holmdel than you might think. We believe this may have some tie to the fact that the PNC Bank Art Center, a popular concert venue, is located in the town. Irrespective, the attorneys at our firm are more than capable of seeing you through such a charge. The defense team at Marshall, Bonus, Proetta & Oliver possesses over 100 years of combined experience, including years serving as prosecutors in area. One of our attorneys, Nicholas Moschella, even served this role in Holmdel Municipal Court. To speak to Mr. Moschella or another lawyer on our staff, call us for a free consultation. We hope you find the information of assistance and give us a call for more detailed questions.

Was there A Drug Recognition Expert? A major difference between the classic alcohol based charge and a DUI involves the need for a drug recognition expert (“DRE”). A DRE is a police officer who has specialized training in the effects of drugs on individuals. The reason why a DRE is necessary in a DUI case is because someone needs to link the presence of drugs in someone’s system with an inability to operate a motor vehicle safely.  A DRE typically administers a series of tests that are intended to detect impairment and the nature of the impairment (e.g. type of drug). The related report is called a drug recognition report and it is a requirement in most DUI cases. Notwithstanding the necessity for a DRE in the vast majority of DUI cases, there are a limited number of police officers with this certification in the state and most departments have very few.

Is there a Laboratory Report? Unlike a DWI where a breath test is the norm, the scientific evidence necessary in a DUI is usually a urine or blood test. The state must present a valid laboratory report to corroborate a positive drug test or there is no ability to establish the existence of drugs in the system of the accused. Assuming the laboratory report is validated, something our attorneys frequently prevent from occurring, the state must present a DRE to connect the drugs with a violation.

Penalties for DUI. There is no tier system for a first offense DUI and all offenders are exposed to a mandatory license suspension of 7-12 months. A second DWI triggers 2 years suspension and a third carries 10 years suspension.

Holmdel Township DUI Attorney

As one of the busier DUI venues in Monmouth County, Holmdel has more than its fair share of drug related 39:4-50 charges. Our firm is the largest Holmdel DWI defense firm in Monmouth County (and probably the state) and is keenly aware of what is involved in defending driving under the influence of marijuana and other drugs in this jurisdiction. In fact, a member of our team has acted as the prosecutor in the venue, on top of our staff having handled countless offenses in Holmdel Township. For more information, do not hesitate to contact our office at 732-450-8300 to speak to an attorney free of charge.