Regardless of whether a person uses prescription medication or illicit drugs, the effect on his or her body can be more than enough to impact the ability to drive. According to the New York Office of Alcoholism and Substance Abuse Services, many types of drugs affect a person’s ability to react, the ability to accurately read situations on the road and his or her coordination and motor skills. These affects are similar to the way that alcohol affects the body.

One of the main differences between alcohol offenses and drug offenses is that it can be much harder for law enforcement to detect when a person has been using drugs. 

One of the main differences between alcohol offenses and drug offenses is that it can be much harder for law enforcement to detect when a person has been using drugs. While field sobriety tests and chemical tests can show whether a person has been using alcohol and how much, there are no such tests and no universal limit that tells at what point a person’s ability to drive becomes impaired.

From a legal perspective, however, those caught driving while on drugs are treated similarly by New York courts as those who are convicted of drunk driving. In, fact, according to the New York Department of Motor Vehicles, the penalties for both offenses include substantial fines, possible jail time and license suspensions or revocations. Penalties for drugged driving also increase for multiple offenses and there are specific penalties for drivers who are caught under the influence of a combination of drugs and alcohol.

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• Narcotic pain relievers
• Marijuana and its synthetic counterparts
• Depressants that affect the central nervous system
• Hallucinogens
• Inhalants
• Pain relievers that cause users to disassociate from their pain
• Stimulants that affect the central nervous system

Drugged driving is a serious problem in New York. According to the Department of Motor Vehicles, over 800 crashes were related to the use of illegal drugs in 2015. As a result, there are over 230 DRE police officers in New York. In order to become a DRE, an officer must have the necessary experience and background and complete the training course offered by the DEC. A DRE can evaluate a person suspected of drugged driving in the field or at a precinct after the person has been arrested.

Based on the signs the person is displaying, a DRE can recognize what type of substance or substances he or she has been using.

In fact, New York not only has a large number of DRE officers, it won an award recently for developing and implementing an app for officers to use in the field that logs the officer’s observations electronically and compiles a database. This means that New York drivers should always caution. Driving while intoxicated and driving while ability impaired are treated as serious offenses. Multiple convictions can even lead to extremely costly fines and prison time.

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In 2014, New York City officials announced that police would no longer arrest individuals for possessing 25 grams or less of marijuana. As long as the offender had no outstanding warrants and wasn’t smoking the drug in front of the officer, he or she would simply be issued a summons. The effects of this policy shift are being seen, as the Village Voice reports that at the end of 2014, the city saw a more than 60 percent reduction in marijuana arrests.

While this dramatic decrease is good news, some argue that there is more work to be done on this front. While the rate of marijuana possession arrests is down, it is still 19 times higher than at the start of the 1990’s. Additionally, people of color are still disproportionately arrested for possession, when their use of marijuana is approximately equal to or less than that of their white peers.

Some argue that New York and its citizens would benefit greatly from the legalization and taxation of marijuana, citing Washington, Oregon, Colorado, Alaska and Washington, D.C. as examples. The Fairness and Equity Act and the Marijuana Regulation and Taxation Act would put an end to discriminatory arrests and would generate revenue for New York by regulating and taxing marijuana. It remains to be seen if widespread support for this legislation will gain any traction.

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The problem is that the certification process for doctors and patients has not been put into operation, so growers are expected to have marijuana available, but they might not have customers. Legal issues abound under the new program. For example, patients who are not certified by the state cannot possess marijuana without risking arrest even if they have one of the serious medical conditions, such as cancer, AIDS or Parkinson’s disease, specified in the statute.

Patients who eventually obtain certification cards to purchase the drug must use it strictly in compliance with the terms of the law. Smoking medical marijuana will continue to be illegal in the state. The method of turning marijuana into baked goods, such as brownies, to be eaten will also continue to be illegal as one of the many drug charges possible under the law.

Criminal defense attorneys should continue to be busy defending people on possession of drug paraphernalia and other drug offenses even after the new law is up and running. The high cost of medical marijuana, estimated to be up to $500 a month, is expected to make it difficult for some people to afford it. This could lead to people trying to obtain it from illegal sources.

If you have been charged with drug manufacturing or possession of drugs, you might have questions about your rights under the law. A criminal defense attorney might be in a position to offer you legal advice about current and future laws.

Source: WGRZ, “Medical marijuana on track, but questions remain,” Joseph Spector, Dec. 13, 2015

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As a general rule, police need probable cause or reasonable suspicion to conduct a search of your car without your consent. Probable cause is a standard under which the officer must be able to articulate facts supporting a belief that a search of your vehicle will result in the discovery of evidence of criminal conduct.

Reasonable suspicion is a slightly lower standard than probable cause. When an officer does not have sufficient facts to support a search and seizure, he or she might still be able to conduct a limited search for weapons. If you are acting suspiciously or in a threatening manner, such conduct might permit a search of you and your vehicle for weapons under the guise of officer safety. Whether the search is conducted with probable cause or reasonable suspicion, if drugs are found, you could be charged with drug possession or drug trafficking.

It is common for police officers lacking either probable cause or reasonable suspicion to conduct a search and seizure to ask you for permission to search the vehicle. When you give consent to a police search of your car, you waive your rights under the Fourth Amendment to the U.S. Constitution, and drugs found can be used as evidence to support the filing of drug charges against you.

If you have been charged with drug offenses, an illegal search and seizure might be a defense that could help you avoid the serious consequences associated with drug charges. A consultation with a Rockland County criminal defense attorney could help you to understand your rights.

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The Fourth Amendment states that you are protected from unreasonable searches and seizures by police. Searches must be based upon probable cause. When a police officer believes that evidence of criminal activity will be found in a search of a specific location, that belief must be supported by facts within officer’s knowledge. This is probable cause.

Although many searches and seizures are conducted without a search warrant, the U.S. Supreme Court has ruled that the language of the Fourth Amendment indicates a preference that police obtain a search warrant before conducting a search. Warrants must be based upon probable cause as demonstrated in an affidavit submitted by the police officer in his or her application for the warrant. If a judge is satisfied that probable cause exists, the warrant will be issued.

An issue that may arise in drug possession and drug distribution cases in which police seize evidence using a search warrant is the scope of the search and seizure. Warrants must be specific as to the location to be searched and the evidence that may be seized. For instance, a warrant that allows police to enter and search your home may not extend that authority to a detached garage.

The specificity of a warrant also extends to the evidence for which the police may search. If a search warrant is issued allowing police to search a location for a car, a police officer opening a drawer and finding a weapon might be in violation of the terms of the warrant because a motor vehicle would certainly not be found in a drawer.

Search warrant violations may offer the defense grounds upon which a motion can be made to suppress illegally seized evidence. If you are facing drug charges, a criminal defense attorney is a good source of legal advice about your rights under the Constitution.

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But for some reason, the officer does not seem to want to let the matter rest. Next he asks you for permission to walk a drug sniffer dog around your vehicle. You refuse to give permission, and the officer refuses to let you leave. Backup arrives. The officer does the dog pass around your car anyway, and the dog alerts to the presence of an illegal drug. You are arrested for drug possession.

You ask yourself: was it reasonable for the officer to continue the traffic stop once he issued the warning? How long is too long to conduct a routine traffic stop?

Interestingly, earlier this year the U.S. Supreme Court examined this very issue, and its conclusion may make a significant difference in how police perform traffic stops in New York and other states.

The above hypothetical is not just a thought experiment. It really happened to a driver in another state, and his case eventually made its way to the Supreme Court for consideration, and the Court ruled that unless reasonable suspicion exists for the officer to do a drug search, including a dog sniff, he or she cannot extend a traffic stop to search for drugs in your car. The officer can stop you long enough to complete the “mission” of the traffic stop – for example, to issue you a ticket or warning for the original reason for stopping you – but then must let you go without prolonging the stop in the hope that a dog sniff of your vehicle might turn up something.

If you are held longer than you believe is reasonable for a traffic stop, and police use that extra time to do a drug search of your vehicle, you should inform your defense attorney of this – it might make the difference between being convicted of an offense or not.

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Synthetic marijuana, or “K2” as is it labelled for sale and distribution, has been the subject of police scrutiny since it appeared on the drug scene. Although state laws allow for the arrest of an individual on a drug possession charge for possessing synthetic marijuana, large quantities would not give rise to the more serious charge of possession with intent to sell.

Under the new law that goes into effect in 60 days, possession of quantities of the synthetic drug that exceed amounts usually associated with personal use could lead to drug trafficking charges. The more serious offense would be a misdemeanor that could result in a year in jail and fines up to $5,000 upon conviction.

The new law makes it clear that state and local officials are taking drug offenses very seriously. The serious consequences associated with conviction of drug charges include imprisonment, fines and a criminal record that could make it difficult to obtain employment.

If you have been the subject of an investigation or arrest for drug charges, a Rockland County criminal defense attorney might be able to help you. A well-planned and executed defense strategy can protect your rights by raising possible search and seizure issues or other defenses.

Source: New York Post, “DeBlasio signs new law criminalizing synthetic weed,” Yoav Gonen, Oct 21, 2015

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The new drug is just one of the many substances produced in chemical laboratories by individuals with the intent to distribute them on the street. The problem for lawmakers and police is that drug manufacturing operations can change the chemical formula of the substances they make to skirt legal restrictions. State officials are left scrambling to change existing laws or pass new ones to keep up with the new substances making their way onto the streets through drug distribution and drug trafficking networks.

Although K2 is illegal in New York because laws banning its chemical composition, one legislator has proposed a law that would make drug possession or drug distribution any form of synthetic marijuana illegal. Punishment would include a $5,000 fine and a maximum one-year jail sentence upon conviction.

Drug possession and drug manufacturing of illegal substances are crimes that carry with them severe penalties and serious consequences for those who are caught and convicted. As the laws keep changing, an individual caught in a traffic stop with an illegal substance should talk to a criminal defense attorney. The attorney will know the current state of the drug laws and offer advice on how to best protect the person’s rights and freedom.

Source: HNGN, “K2: Synthetic Marijuana Threatens East Harlem As Dangers Rise Across the United States,” Tyler MacDonald, Sep 3, 2015

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