“Life saver”
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What Happens at a PennDOT DMV Administrative Hearing?

penndot-dmv-administrative-hearingIf you’ve been pulled over and charged with driving under the influence (DUI) in Pennsylvania, you’ll soon learn that there are two separate components to the process. You’ll ultimately have to go to court to establish your guilt or innocence and learn any criminal penalties. But there’s also a process whereby the Pennsylvania Department of Transportation’s (PennDOT) Department of Motor Vehicles (DMV) will determine whether your driving privileges will be affected. In most instances, the DMV hearing does not take place until the criminal matter has been resolved. Don’t think, though, that dismissal of the criminal charge will eliminate the need for the administrative hearing. Your license can be suspended even if charges are dropped or reduced.

When you are formally charged with a DUI, the arresting officer is required to notify PennDOT. PennDOT will then send you notice of the suspension of your license by mail. You must request a hearing with the DMV within 30 days of your receipt of the notice of suspension or your driving privileges will automatically be suspended for 12 months.

At the administrative hearing, there will be a presiding PennDOT hearing officer, who will function like a judge. In most instances, the arresting officer will be there to offer evidence against you. Unlike the criminal proceeding, where your guilt must be established beyond a reasonable doubt, the standard of proof at an administrative proceeding is probable cause—did the arresting officer have probable cause to believe that you were driving under the influence?

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015
by
The American Society of Legal Advocates

Controlled Dangerous Substance Charges in New Jersey

controlled-dangerous-substance-charges-in-new-jerseyIf you have been arrested or are under investigation for a drug-related charge in New Jersey, it’s important that you understand some of the unique aspects of how a controlled dangerous substance (CDS) is treated under New Jersey law.

Classification of Controlled Dangerous Substances

New Jersey law places all controlled dangerous substances into one of five categories, based on their likelihood of abuse and any recognized medical value. The classifications include common recreational drugs, such as marijuana, cocaine and heroin, but can also apply to any compounds or substances used in their manufacture. Those drugs that are believed to have the greatest risk of abuse, combined with the least perceived medical value, are found in Schedule I, and those with the least risk of addiction and the greatest medical value or Schedule V CDSes.

The Potential Penalties for Possession of a Controlled Dangerous Substance

The charges faced depend on the Schedule of the CDS in your possession. Possession of any amount of a Schedule I, II, III or IV controlled dangerous substance can be prosecuted as a crime in the 3rd degree, with a potential penalty of 3-5 years in prison and a fine of up to $35,000. If the drug falls under Schedule V, you can be sentenced to up to 18 months of incarceration and a $15,000 fine.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. We will fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015
by
The American Society of Legal Advocates

Driving under the Influence of Drugs in New Jersey

Drinking, Drugs and Driving

There’s a lot of emphasis on drinking and driving, but New Jersey also has a law that prohibits driving under the influence of drugs. According to NJSA 39:4-50, it is illegal to operate any motor vehicle “while under the influence of a narcotic, hallucinogenic or habit-producing drug.” Unlike laws governing drinking and driving, there are no specified levels of intoxication or influence, and there’s no blood testing standard by which you can be found guilty. Instead, the determination of impairment is made on a case-by-case basis, and is often entirely at the discretion of the arresting officer or prosecutor.

Furthermore, the law doesn’t identify specific drugs that can lead to prosecution. In practice, though, prosecutors typically consider any drug regulated as a controlled substance to be grounds for a DUID (driving under the influence of drugs) prosecution. Accordingly, this means that you could be charged with impaired driving if you were under the influence of prescription drugs that you were legally taking.

If you are pulled over and charged with operating a motor vehicle under the influence of drugs, you can face prosecution in a manner similar to being charged with drinking and driving. You can also expect that the penalties imposed will be comparable to those for a drunk driving conviction.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015
by
The American Society of Legal Advocates

Driving Under the Influence of Drugs (DUID) in New Jersey

Under New Jersey statute, it is illegal to drive or operate a motor vehicle if you are under the influence of “a narcotic, hallucinogenic or habit-producing drug.” Unlike the DUI laws, the statute does not set forth any standard for establishing that you were under the influence of drugs, allowing prosecutors to argue on a case-by-case basis that the drugs in your system impaired your ability to drive. Accordingly, you could be convicted for having just a trace of a prohibited substance in your bloodstream.

New Jersey uses the list established by the federal Drug Enforcement Agency (DEA) to determine what constitutes a “narcotic, hallucinogenic or habit-producing drug.” It’s important to understand, though, that having a valid prescription for the drug is not a defense to driving while under the influence of drugs. If you have a medical condition that necessitates the use of a banned substance, you must either show that it did not affect your driving, or you must let someone else drive.

When you are suspected of drinking and driving, an implied consent rule applies. This means that, by being behind the wheel, you have given your implied consent to submit to a blood alcohol test, and can face charges if you refuse to take a breathalyzer. There is no such law with respect to DUID, but there is a separate whereby anyone who declines to take a chemical test for driving under the influence of drugs can be fined as much as $500.

If prosecuted for DUID, you will be subject to the same penalties as if you had been charged with DUI. Furthermore, if convicted, the conviction will count as a prior offense if you have any subsequent DUI charges.

Contact the Law Office of Michael Curtis Greenberg

You don’t have to lose your license or go to jail. Let attorney Greenberg fight to protect your rights!

Your first consultation is free. We’ll meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We take all credit cards, as well as PayPal.

For an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

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