Woodland Park NJ DWI, Possession of CDS Charges Dismissed
Criminal and DWI Defense Lawyer in Woodland Park, New Jersey
Criminal defense attorney Alissa D. Hascup recently resolved a case for a client charged with driving while intoxicated (DWI), possession of cocaine, possession of a controlled dangerous substance (CDS) in a motor vehicle, and a variety of other traffic violations in Woodland Park Municipal Court. The client’s case was initially transferred to Passaic County Superior Court in Paterson because they were charged with cocaine possession, in violation of N.J.S.A. 2C:35-10, which is a third degree indictable crime in New Jersey. When facing charges for a third degree crime such as possession of cocaine, your case is heard in the Superior Court in the county where the charges were issued because this is a felony-level offense. As a result, the client was facing a New Jersey State Prison sentence ranging from 3 to 5 years and a fine of up to $35,000 in connection with the cocaine charges.
Alissa was able to have the charges downgraded from a felony to a disorderly persons offense and the case was then remanded to Woodland Park Municipal Court. After the case was remanded, the client was still facing serious penalties. For instance, the penalties for first offense DWI (N.J.S.A. 39:4-50) in New Jersey when the person’s blood alcohol concentration (BAC) is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic, or habit-producing drug are as follows:
- Up to 30 days in jail
- Driver’s license suspension for between 7 months and 1 year
- A fine ranging from $300 to $500
- Between 12 and 48 hours at an Intoxicated Driver Resource Center
The client was also facing up to 6 months in the Passaic County jail, a fine of up to $1,000, and a 6-month driver’s license suspension in connection with the charges for possession of a controlled dangerous substance. They were also charged with the separate motor vehicle offense possession of CDS in a motor vehicle, in violation of N.J.S.A. 39:4-49.1, which entails a mandatory suspension of your driver’s license for 2 years if you are convicted.
In this case, Alissa was able to get all of the charges dismissed by submitting multiple motions to the Court for the State’s failure to provide discovery. New Jersey law requires the prosecution to provide the defendant and his or her attorney with all of the evidence associated with the case, which is called the “discovery packet.” If the State fails to provide the discovery in a timely manner, an experienced defense attorney can petition the Court to dismiss the case outright. Alissa was able to use her knowledge of the law to accomplish this for her client, who was able to avoid a jail time, a criminal conviction, and loss of their driver’s license. It was ultimately a great outcome for Alissa and her client.
If you have been arrested for drunk driving (DWI), possession of cocaine or other drug charges in Woodland Park, Passaic County, or elsewhere in New Jersey, contact The Law Offices of Alissa Hascup for a free consultation about your specific case. Alissa will explain the charges, answer all of your questions, and begin building your best defense. Simply call 862-257-1200 or submit an online contact form today.