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Tuesday, April 26, 2011

IN N.J. COCAINE HANGOVER IS CONSIDERED A DRIVING UNDER THE INFLUENCE IN VIOLATION OF OUR DWI LAWS

According to State v. Franchetta, 925 A. 2d 745 (Appellate Div. 2007), a person that ingested cocaine but  said cocaine was no longer in his system is guilty of New Jersey DWI/DUI law, namely: NJSA 39:4-50.  In other words, being hung over is enough to trigger a violation because the New Jersey Appellate Court felt you are still "under the influence" per se

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