Under the Influence of CDS
The Law Offices of Leon Matchin, LLC has been providing criminal defense to those charged with being under the influence of CDS for more than ten years. In New Jersey, it is illegal for a person to use or be under the influence of controlled dangerous substance (“CDS”) unless it is for the purpose of treatment of sickness or injury as prescribed by a physician as outlined in N.J.S.A 2C:35-10(b). A violation of this statute is considered a disorderly persons offense; while this is similar to a misdemeanor it will be handled in the local municipal court in the municipality in which the crime allegedly occurred. The penalties for a disorderly person’s offense can include:
- Fines up to $1,000.00
- Incarceration up to six (6) months in county jail
- Driver’s license suspension (minimum six (6) months)
- A permanent criminal charge on your record
A charge of being under the influence of CDS in New Jersey while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus will in addition to any other sentence imposed by the courts be required to perform at least 100 hours of community service.
If brought to trial the Prosecutor will have to prove (by way of police testimony/evidence) that the accused displayed physical and/or physiological symptoms that would support the fact that they were under the influence of drugs. Symptoms that might be relevant in this regard are needle marks, inflamed nasal passages, blood shot eyes, odor of drugs, alertness, difficulty with gait, or anything else to demonstrate impairment.
Call Today to Protect Your Rights
The Law Offices of Leon Matchin, LLC has successfully defended those accused of being under the influence of CDS throughout Central New Jersey. Let our years of experience protect your rights and freedom; call our office today at (732) 662-7658 for a free consultation.