Ocean County Municipal Court Attorneys can help you keep your license if your are facing a suspension for a possession offense.
Under Title 35 of New Jersey statute of law is states that:
“A person convicted for a violation of any drug offense shall forfeit his or her right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed unless the court finds compelling circumstances warranting an exception. For the purposes of this section, compelling circumstances warranting an exception exist if the forfeiture of the person’s right to operate a motor vehicle over the highways of this State will result in extreme hardship and alternative means of transportation are not available.”
As you read the law your will see that is requires the Judge to suspend your driver’s license unless the judge finds compelling circumstances to make an exception. The law says that a compelling reason requires there to be “extreme hardship” resulting from a suspension. Sometimes when a suspension is inevitable making strong arguments to the satisfaction of a judge that the “hardship criteria” is applicable to your case, is the best way to obtain relief from the mandatory suspension. This is a difficult uphill battle which will be best won with competent legal assistance.
STANDARD PENALTIES FOR DRIVING WITH A SUSPENDED LICENSE
With a conditional discharge a loss of your license is not mandatory! One of the attorneys here at Riviere Cresci & Singer LLC may be able to argue in your favor allowing the court to give you a conditional discharge. Offenses involving drugs at the municipal court level in New Jersey can be conditionally discharged in many instances.
The definition and terms for Conditional Discharge in New Jersey are contained at N.J.S.A. 2C:36A-1. A conditional discharge is limited to a Disorderly Persons Offense involving drugs, (i.e., possession of marijuana or drug paraphernalia) in municipal court. There are exclusions that may prevent you from receiving a conditional discharge. Typically you cannot have a prior conviction for a controlled dangerous substance offense. If you have already received a prior conditional discharge you are ineligible for a conditional discharge. However the statute is not clear that a prior PTI disqualifies you from conditional discharge.
Once you received a conditional discharge you must abide by the conditions imposed by the court. If you violate the conditions of your discharge, you will be terminated from probation and you once again have to face the original criminal charges against you. In most case a conditionally discharge involves minimal or no supervision.
The law says, “In no event shall the court require as a term or condition of supervisory treatment under this section, referral to any residential treatment facility for a period exceeding the maximum period of confinement prescribed by law for the offense for which the individual has been charged or convicted, nor shall any term of supervisory treatment imposed under this subsection exceed a period of three years.”
So the most one can be supervised for is for three years and this happens rarely. In those courts where they take a more active approach you may have to submit to random drug testing to show the court that you are drug free.
Call us today to discuss how we can possibly get you a conditional discharge in your Municipal Court drug case. One of our lawyers is available now to discuss your case. Call us at (732) 64-NJLAW (65529) or use our contact us option and LAWYER UP!