Other Alcohol and Drug-Related Offenses

Minors in a Vehicle – N.J.S.A. 39:4-50.15

A person who operates a vehicle while under the influence can also commit a disorderly persons offense if he or she has a minor in the car at the time of the offense. The penalties for this offense are as follows;

1. Loss of Driving Privileges: The municipal court judge must suspend the driver’s license for seven months.
2. Community Service: A DWI driver must perform up to five days of community service.
3. Fines: The municipal court judge may impose a fine up to the amount of $1,000.
4. Jail Term: A driver convicted of this offense faces a possible jail term of up to six months.

Consumption of an Alcoholic Beverage in a Motor Vehicle – N.J.S.A. 39:4-51(a)

New Jersey law specifically forbids the operation of any vehicle by a person who is consuming alcohol. It is unlawful for any driver to have an open container of beer or alcohol in their car. Even if the driver is perfectly sober, it is still against the law to have open containers of alcohol in the vehicle. In order to prosecutor an open container charge, the State must prove that the vehicle was being operated. Moreover, the state must also establish beyond a reasonable doubt that the driver consumed a beverage that contained at least some alcohol during the time when he was driving the vehicle. For a first offense, the fine is $200. There are no points or surcharges for this traffic violation.

Operation While in Possession of CDS

As per N.J.S.A. 39:4-49.1 it is an offense to operate a motor vehicle if the driver has “knowing” possession of drugs or CDS (Controlled Dangerous Substances). There are five elements that the State must prove. They include;

1. Operation of a motor vehicle
2. On a highway
3. While in knowing possession
4. Of CDS or prescription legend drugs
5. Located on the person of the operator or within the vehicle

A driver who is convicted of this charge faces high fines. Moreover, the convicted driver must also lose their drivers license for two years.

The Resolution of the Drug Charge

A driver who is facing a DWI charge, and a CDS in a motor vehicle charge faces much trouble. The driver faces approximately two and a half years of having their driving license suspended, and also heavy fines. In many cases, the prosecutor will permit the driver to enter into a PTI program, and the CDS drug charge will go away. However, as part of this deal, the driver will have to plead out to the DWI charge. In most cases, the prosecutor will not split up the case, and permit the driver to enter into PTI for the drug charge, but still have a trial for the DWI charge.