Defendant was pulled over and was suspected to be under the influence of drugs based on erratic driving. He was pulled out of the vehicle and given a sobriety test. The arresting officer searched Defendant’s person for his own protection and found a small vile with a thin film of white powder inside, which based on his training and experience he identified as Special K. Defendant failed the sobriety test, but denied being under the influence of any narcotic.
Charges: DUI – N.J.S.A. 39:4-50
3rd Degree Poss CDS – N.J.S.A. 2C:35-10A(1)
DP Poss Paraphernalia – N.J.S.A. 2C:36-2
Judge: Hon. Sheila Venable, P.J. Cr.
Strategy: Defendant was most concerned about the DUI charge as it would potentially impact his ability to work. I pressed the Prosecutor for a dismissal of the DUI charges in exchange for a plea. There was some doubt as to the Prosecution’s case because of the potential for a Suppression Motion based on the search and because lab results had not yet been obtained to identify the narcotic.
Result: PLEA TO DP CHARGES. FINES & PENALTIES ONLY. DISMISSAL OF DUI.