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Kenneth
Vercammen & Associates |
Marijuana DWI requires specific training by officer in narcotics. State v. Bealor 377 NJ Super. 321 |
| 1. In order
to prove beyond a reasonable doubt that defendant was driving while intoxicated
by marijuana, the state must show (1) that marijuana was present in the
defendant's system while he was driving; and (2) that the marijuana resulted
in a substantial deterioration or diminution of the defendant's mental
faculties or physical capabilities as to make it improper for him to drive.
In other words, the state must prove that marijuana was the proximate
cause of defendant's behavior. 2. The state can prove DWI by marijuana
- or any other CDS - by presenting expert testimony that a defendant is
"under the influence" of a drug or narcotic "from the subject's
conduct, physical and mental condition and the symptoms displayed."
Even a nonexpert witness, such as a police officer who has had the "specific
schooling and training in the field of narcotics ... if sufficiently experienced
and trained may testify generally as to the observable reaction of drug
users." 3. Marijuana intoxication is not a matter of common knowledge
such that an inference of intoxication may be drawn solely from a lay
witness's testimony respecting defendant's behavior.
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Attorney to handle your important legal needs. |
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Kenneth
Vercammen's Law office represents individuals charged with criminal,
drug offenses, and serious traffic violations throughout New Jersey.
Our office helps people with traffic/ municipal court tickets including
drivers charged with Driving While Intoxicated, Refusal and Driving
While Suspended. Contact the Law
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Last Revised March 5, 2008 İ 2008 Kenneth Vercammen & Associates, P.C. |