How To Fight A Charge For A Prescription Drug DUI

By: Robert C. Shea, II, Esq. of R.C. Shea & Associates

Most people know that DUI stands for “Driving Under the Influence,” however, many people don’t realize that you can still be convicted of a DUI while being under the influence of legally prescribed drugs. This misperception comes from the fact that many people believe that a DUI is only based on a person’s blood alcohol concentration (BAC). This is actually not true.

In order to receive a DUI charge, the driver must be both: (1) operating/driving a vehicle; and (2) intoxicated or “under the influence.”

According to NJ law, “under the influence” applies to more than alcohol or illegal drugs; it is also applicable to any substance that can cause impairment in a driver, including prescribed or over-the-counter medications. These requirements lead to two different types of DUI charges: “per se” and “impairment.”

Per Se is a Latin term meaning “in itself” or “by itself.” Consequently, a per se violation of law means that the act itself is inherently illegal, without requiring proof of any surrounding circumstances. Thus, a per se DUI occurs if a driver’s BAC is .08% or higher, without needing any further evidence or proof of impairment.

When an individual has no BAC reading, the police must determine whether the driver is mentally and/or physically impaired. In order to do so, the police will typically request that a driver perform a field sobriety test (FST). The FST is designed to assess balance, coordination, and the ability of the driver to divide his attention to more than one task.

Government:

Continued From Page 7 families,” said Sen. Menendez. “This Senate resolution sends a clear message that Senate Democrats from all over the country are standing united in rejecting the misguided approach by House Republicans. Any legislation that cuts vital programs like Medicare, Medicaid, Social Security or raises taxes to the middle class is dead on arrival in the Senate.”

The Senators’ resolution opposes the House Republican proposal to impose a 30 percent sales tax on all goods and services, which would raise prices for hardworking families and seniors. The

Robert C. Shea Esq.

The FST encompasses three (or more) separate tests that include the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand test. Over the course of time, these tests have been scientifically proven to validate the impairment of individuals “under the influence” of alcohol or drugs.

However, the FST does not distinguish between whether a driver is under the influence of illegal drugs or prescription medications. The FST simply determines whether you are mentally and/or physically impaired, and the source of the impairment is not taken into consideration. Therefore, even if the drug/ medication you are legally prescribed has resulted in your impairment, you could still be charged with a DUI.

Defenses to impairment DUI charges normally focus on providing innocuous explanations for observations the arresting officer attributed to intoxication. For example, providing evidence of physical disabilities to explain poor FST performance. Or, an appearance of intoxication because of nervousness or mental distress. These defenses, and others, considerably help in the plea-bargaining process, and can be considered mitigating circumstance justifying lenient penalties.

If you, or a loved one, are currently suffering through such a situation, the Law Office of R. C. Shea & Associates can provide the legal knowledge and experience required to defend you against such DUI charges, and seek the outcome that has the least adverse impact on your life.

resolution also supports the passage of a responsible tax cut to benefit hardworking families and grow the middle class, while ensuring that the ultra-wealthy and billion-dollar corporations pay their fair share.

Alongside Sen. Menendez in cosponsoring the resolution are Sens. Jacky Rosen (D-Nev.), Jon Tester (D-Mont.), Catherine Cortez Masto (D-Nev.), John Fetterman (D-Pa.), Patty Murray (D-Wash.), Debbie Stabenow (D-Mich.), Dianne Feinstein (D-Calif.), Jack Reed (D-R.I.), Tim Kaine (D-Va.), John Hickenlooper (D-Colo.), Tammy Baldwin (D-Wis.), Michael Bennet (D-Colo.), Sherrod Brown (D-Ohio), and Jeff Merkley (D-Ore.).

1955 to 1957.

He was first elected to the Senate in 2012 following his election to the General Assembly in 1998 to 2011.

His committees included the Joint Committee on Housing Affordability (JCHA), Joint Committee on the Public Schools (JPS), Budget and Appropriations (SBA), Education (SED), Military and Veterans’ Affairs (SMV).

Thompson sponsored numerous bills during his time in office including S-571that requires school districts to provide lunch period of not less than 20 seated minutes, S-572 that provides emergency State school aid to certain school districts located in historic communities, and S-573 which requires telemarketers making sales calls to display their name and telephone number on any caller identification service.

The senator also sponsored S-574 that requires retail establishments to allow individuals with certain conditions access to employee restrooms, S-575 requiring all elections in New Jersey to allow voters to vote in person and S-576 which provides supplemental appropriation from Property Tax Relief Fund to DOE to provide additional State aid to certain school districts.

The conservative Middlesex County senator, whose district office is in Old Bridge, would have faced a difficult GOP primary challenge in June for another four-year term.

Thompson was a Donald Trump delegate in 2016 and 2020. Some political observers believed he may have had a better chance of winning a general election as a Democrat if he was able to draw in some Republicans during the fall election.

Some political pundits however, felt the senator switched parties to avoid a potential primary election loss but that he would have ultimately been defeated in the general election.

Henry, who is 25 years younger than Thomp- son, was the guest of the Jackson Township GOP club on Feb. 22. That club is supporting Henry and Thompson’s two former Republican colleagues.

The 12th legislative district is staunchly Republican, and made up of Assemblyman Alex Sauickie, of Jackson, who took over the seat of Assemblyman Ron Dancer who died on July 23.

Sauickie was appointed in a three-candidate special GOP convention election in August and later elected during the November election to serve in that seat. The second seat of the district is held by fellow Republican, Robert D. Clifton of Matawan.

Assemblyman Sauickie told JerseyShoreOnline.com that upon learning of the Senator’s decision to switch party affiliation, he was “surprised and disappointed” and is looking forward to running with Henry.

Clifton, Sauickie, and Henry announced that they had received County GOP support following a gathering of the Ocean County

Republican Screening Committee last week. The three Republicans who are running to represent New Jersey’s 12th legislative district announced that they will run together as a united ticket in this year’s election.

“We go to Trenton not for ourselves but to fight for the people we represent in the 12th Legislative District. We fight for you and for your families against the relentless tax increases and spending as well as the radical social agenda of the Democrats,” the three jointly stated.

“I’m excited for the campaign and promise to keep up the fight for you,” said Clifton, a six-term member of the Assembly, who was elected in 2011. He is also the former mayor of Matawan and a former Freeholder (now County Commissioner) in Monmouth County.

No Democrat candidate has won a Senate seat in the 12th district for two decades. The 12th Legislative District extends from Old Bridge in Middlesex County through sections of western Monmouth into Ocean and Burlington counties.