New Jersey Traffic and Criminal Law

Hair testing for drug use becoming the 'Gold Standard'

       It is no secret these days that traditional drug testing-- by the courts, police, employers and schools --is fairly ineffective.  The standard test for illegal drugs usually consists of urinalysis or a "piss test," as some like to call it.

       The urine test is ineffective for two reasons: one, it is subject to tampering; and two, the rate of secretion or elimination of drugs is rapid.  Synthetic opiates (Percocets), natural opiates (Heroin), and cocaine typically disappear in the urine within 72 hours and marijuana usually sticks around for 28-30 days.

       But the secret is out of the bag.  And so, innovative science has stepped up.  The new, seemingly foolproof test is now the hair test.  Companies like Omega Laboratories are offering hair testing to employers and the courts.

       So, fake bladders filled with "clean" urine and a fresh battery pack to (get this) warm the urine to body temperature won't work any longer.  These hair tests appear to be immune to adulteration and fraud and can capture much longer periods of time to determine illegal drug use.

       Expect to see this type of test as the court's "gold standard" in the future.

Court upholds right of school officials to search student vehicles

       For high school students, beware of what you carry in your car once you roll onto school grounds.  In a case decided yesterday, the Appellate Division upheld the right of teachers and administrators to search a student's vehicle based on "reasonable suspicion." 

       In State v. Best, the court concluded that "the privacy interests of students are outweighed by the substantial interest of teachers and administrators in maintaining a drug-free environment in the classroom and on school grounds".

       Usually, the search of an automobile must be accompanied by probable cause.  My favorite definition of probable cause is found in "Ballentine's Law Dictionary: Legal Assistant Edition and is defined as: "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true".

       "Reasonable suspicion", on the other hand, is more than just a hunch.  It is a belief supported by articulated facts, but does not quite rise to the level of "probable cause". 

       In Best, the student appeared to the school nurse to be "high" from some type of controlled dangerous substance.  That combined with a report from another student led to a search of his locker and vehicle.  Ultimately, the student was charged with possession of CDS and distribution.

Phillies Blunts, what they say about the smoker

        About five years ago, a trend developed in how marijuana was smoked.  Previously, "pot" (is it still called pot?) was typically rolled into a "joint" using rolling papers or was inhaled using a small, usually metal, pipe.

     Now, it seems, the substance is often smoked using a hollowed-out cheap cigar, usually a Phillies "Blunt."  And so the manufacturer of these old-time, cheap, nasty (Cubans they are not) cigars has found a niche market.  You can buy them also in grape, strawberry and other fruit varieties.

       Because nobody-- except, perhaps, your senile, 80 year-old Uncle Joe --would smoke a Phillies Blunt for legitimate reasons, a police officer who happens to pull you over for, let's say, an illegal license plate will believe that the blunts sitting on your passenger seat are used to smoke marijuana.

       The cop will often clinch his  or her suspicions if any "shavings" or loose tobacco leaves are found in the car.  This naturally leads the officer to further suspect the use of a hallowed out cigar.

       While this certainly is not reason enough for a search of the vehicle or person, it often begins the downward legal spiral of the smoker, unless, of course, the person is just demonstrating very poor taste. 

      

      

Minor Drug Offenses: Defendants get One 'Mulligan'

       Penalties for drug offenses can be very steep in New Jersey, especially as it relates to the suspension of driving privileges.  Drivers can loose their right to operate a motor vehicle for 6 months to 2 and one-half years, if they are found guilty or plead guilty, even to minor drug offenses.

       Minor drug offenses include possession of marijuana of under 50 grams and sometimes possession of illegal prescription drugs, cocaine and heroin.  While possession of illegal prescription drugs, cocaine and heroin is an Indictable offense, county prosecutors may remand or send these charges to municipal court.

       The severe penalties and a conviction of such offenses can, however, be avoided for first-time drug offenders.  The Conditional Discharge program allows first-time minor drug offenders to place their charge on "hold" and to enter into a probationary program.

       Typically, the offender must report to probation a few times for a period of one year, remain drug free and avoid any new criminal charges.  Any "hot" urine tests, failure to report to probation or new charges most likely will re-open the original charge for prosecution with full penalties and loss of driving privileges.

       Upon successful completion of the Conditional Discharge program, the court then dismisses the drug charge.  Six months after the dismissal, the participant is then eligible for expungement of the drug arrest.