From The Kugel Law Firm - Is It Illegal to Drive After Using Marijuana in New Jersey? explains how New Jersey allows adult cannabis use while still prohibiting driving under the influence of marijuana. This episode explores how N.J.S.A. 39:4-50 applies to marijuana DUI cases, why New Jersey has no legal THC limit for drivers, and how prosecutors may rely on officer observations, field sobriety testing, Drug Recognition Expert evaluations, and chemical test results to prove impairment.
Listeners will hear how marijuana DUI penalties in NJ can affect first, second, and third offenses, including fines, jail exposure, IDRC requirements, MVC surcharges, license forfeiture or loss, and Ignition Interlock Device requirements. The episode also discusses why a medical marijuana card does not protect a driver from a DUI charge and why a positive THC test does not automatically prove impairment at the time of driving.
Attorney Rachel Kugel of The Kugel Law Firm breaks down key rights and defense issues in New Jersey marijuana DUI cases, including traffic stops, the limits of odor evidence after cannabis legalization, N.J.S.A. 39:4-51a restrictions on consuming cannabis in a vehicle, and how New Jersey’s implied consent law under N.J.S.A. 39:4-50.2 applies differently to alcohol breath tests than to marijuana-related blood or urine testing. The discussion also covers Fourth Amendment concerns, warrants, voluntary consent, and challenges to DRE opinions, SFST performance, and THC testing.
Based in Newark at 1 Gateway Ctr, Suite 2600, The Kugel Law Firm serves clients throughout New Jersey, including Jersey City and Hudson County, in DUI and DWI defense matters. Rachel Kugel, Esq. has practiced law since 2005, is a member of the National College for DUI Defense and the DUI Defense Lawyers Association, and has appeared as a legal analyst or commentator on CNN, FOX News, CourtTV, MSNBC, and HLN. For listeners facing a marijuana-related DUI arrest, the episode highlights the importance of understanding the evidence, license consequences, driving record impact, and available defense options.
The Kugel Law Firm
1 Gateway Ctr SUITE 2600, Newark, NJ 07102, United States
(973) 854-0098
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