Morris County Prescription Drug Charges Lawyer
The misuse of prescription drugs has become an epidemic and the charges come in may forms. Anyone with a prescription for common problems such as back pain, post-surgery pain relief, attention deficit disorder or other legitimate medical needs can find themselves facing prescription drug charges. If you give a friend a pill to help them get some pain relief to enable them to sleep or to relax in the face of a stressful day you can be charged with distribution. If your child or their friends find your prescription medication and take some for recreational purposes, you may be charged with distribution, even though you had no idea they found or took your medication.
How Do the Police Determine Impairment?
If it appears to a police officer that you are impaired, you may be placed under arrest and taken to the police station for further testing by an officer who is a DRE (Drug Recognition Expert). The DRE will conduct a series of tests designed to provide them with a determination as to whether you are under the influence, as well as the category of drug you are likely under the influence of. If you were operating a motor vehicle, you will also be required to submit to blood or urine testing at the police station.
Prescription Drug DUI/DWI Attorney
A DUI is not limited to alcohol or illegal drugs. You can be arrested for being under the influence of prescription drugs while operating a motor vehicle in NJ even if the “drug” is your own prescription. If the police have probable cause to believe you are under the influence based on the manner in which you are operating a motor vehicle they may stop your vehicle and assess your appearance, basic abilities and demeanor.
A Prescription in Your Name Does Not Matter For DUI/DWI
Even if you have a prescription for common drugs such as oxycontin, “Oxy” or “Oxycottin”, Oxocodone, Percocet, Percocet, Percoset, Percodon, Roxycontin, “Roxy”, Fetanyl, Adderall, Nembutal, Xanax, Vicodin, Hydrocodone, Valium, Ritalin, Desedrene, Suboxone, Prozac, Ambiem or Diazepam you can be found guilty of DWI/DUI. Showing the officer your prescription bottle at the scene of the traffic stop or accident will not help you if you are substantially impaired. This also applies if you are receiving methadone treatments under a doctor’s care but are found to be operating a car or vehicle while impaired by the effects of methadone. If you cannot provide proof of a prescription for any drugs in the motor vehicle at the time of the stop you will also be subject to other penalties.
The State Must Prove Guilt
If the state can prove at trial that the drugs in your system at the time you were operating a vehicle had the effect of impairing your ability to drive you can be convicted of DUI. There are regulations the police must follow in stopping your vehicle, administering field tests, advising you of your rights and administering tests at a police station, including taking blood, urine and breath samples. The attorneys at the The Darling Law Firm will immediately begin to investigate the state’s evidence upon taking your case. We will review all information, including video evidence and lab reports, procedures used by the officers, inconsistencies in officer statements and all other evidence. We review whether the police had probable cause to stop your vehicle, whether impairment was determined using proper police procedures, whether all officers were certified, machines were in working order and laboratory samples were handled properly. We have the experience you need on your side when facing charges of operating a motor vehicle while under the influence of your own prescription.
Your Northern NJ Prescription Drug Attorney
If you are charged with driving while under the influence of prescription drugs, you need an experienced DWI lawyer at your side. At The Darling Law Firm we have the experience you need to protect your license and livelihood. We are committed to assisting our DUI/DWI clients and regularly participate in continuing education related to changes and loopholes in the DWI statutes, discovery, Breathalyzer technology and municipal court cases so we are prepared to tackle tough cases for our clients.
In order to serve our clients throughout Northern New Jersey we have offices in Roxbury and Rochelle Park, New Jersey. We serve clients in Morris, Sussex, Bergen, Passaic, Union, Hudson, Essex and Warren Counties.
Now is the time to call 973-584-6200 to protect your rights. Although we prefer to meet our clients before Court, if you are unable to visit our offices, for your convenience we are willing to schedule a telephone conference with payment by credit card or Paypal at or before the time of service.
Forms of payment accepted: Cash, check, traveler’s check, Visa Mastercard, Discover, money order and Paypal.