New Jersey Criminal Attorney Blog

New Jersey law imposes fines and possible incarceration for those convicted of possessing even small amounts of marijuana, drug paraphernalia, or being under the influence of drugs.

A violation for possession of 50 grams or less of marijuana is considered a disorderly persons offense allowing jurisdiction in municipal courts. Even though the matter may be handled at the municipal level, it is important to understand the consequences.

Such a conviction can result in fines of up to $1,000, penalties and fees of over $500, up to six months in jail, and suspension of driving privileges for up to two years. In addition, if the violation occurs within 1,000 feet of a school, there is a mandatory 100 hours of community service on top of any sentence handed down by the court.

There are ways to fight such a violation. As with all criminal cases, the State has the burden to prove its case. And while it may not be possible to win an acquittal in all cases, it is important to understand the range of sentencing options that a municipal court judge may impose.

It is also important to keep in mind that it may be possible to expunge prior convictions from your record. Depending on the circumstances, a person may petition the court to have his or her record expunged. If granted, all records would be removed; however they could still be used in the future for a limited number of purposes including bail or parole hearings, or sentencing.

Those long-forgotten New Jersey traffic tickets may end up becoming a barrier to obtaining a license, or a license renewal, in another state.

As states have become more efficient at sharing information, motor vehicle agencies are getting better at flagging drivers with unresolved violations in other parts of the country. That means somebody who moved out of New Jersey twenty years ago leaving an unpaid ticket may suddenly have a problem renewing his or her license elsewhere.

Making matters worse, drivers with unresolved New Jersey tickets may not even be aware of the tickets if the municipality sent a notice of court hearing to the driver's old address after he or she moved out of state. Often times the violations are so old, drivers are at a loss to remember whether they received any notice.

Unpaid tickets can result in a suspended license in New Jersey. A suspension in New Jersey must be cleared up before a driver can obtain or renew a license in another state. The good news is, depending on the circumstances this may be a relatively easy matter to resolve. And with a competent legal representation, you may not even need to travel to New Jersey for court appearances.

In an opinion released yesterday, the New Jersey Appellate Division ruled that a DWI defendant who was previously convicted of refusing a breathalyzer test requires sentencing as a repeat offender.

The case, State v. Ciancaglini, involved a Monmouth County woman who was previously convicted of DWI in 1979, and of failing to submit to a breathalyzer test in 2006. She was again convicted of DWI in 2008.

The municipal court sentenced her as a third-time offender to six months in jail, a $1,006 fine, ten-year loss of license and vehicle registration, 12 hours at an Intoxicated Driver Resource Center, and other fees.

On appeal, the Law Division held that she should have been sentenced as a first time offender because the 1979 conviction occurred more than ten years ago and the conviction for refusal to take a breathalyzer test did not qualify as a prior conviction for DWI. The Law Division sentenced her as a first time offender to 30 days in jail, a $500 fine, 12 months license revocation, and 12 hours at an Intoxicated Driver Resource Center.

The Appellate Division disagreed and reinstated the original sentence.

Preliminary reports indicated that on Thursday and Friday there were ten drunk driving arrests throughout Bergen, Passaic and Morris Counties, and no drunk driving fatalities.

Among those arrested were a Cliffside Park man who police said crashed into another car stopped at a traffic signal on Route 17 in Rutherford. The driver of the car that was hit suffered no injuries.

Other DWI arrests took place in Teaneck, Passaic, Fairview and Secaucus. And just after midnight on New Year's Day, Clifton police arrested a Lodi woman who struck another car on the Garden State Parkway. Two people suffered non-life threatening injuries in that accident.