Reisig Criminal Defense & DWI Law, LLC

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General Information

How High Is Too High?

September 22, 2020 by Matthew Reisig

States that have legalized recreational use of marijuana are booming with tourists that are excited about being able to walk into a store and legally purchase weed. However, the debate around marijuana laws is still alive in many states, leaving these plant lovers in legality limbo.

With varying laws about marijuana, it’s hard to know the rules around how much you can buy, how much is legal to fly home with, and if it is legal to ship home or to a friend?

Let’s face it. When you’re high, the last thing you want are more reasons to feel paranoid. Keep reading to understand your marijuana how-to-travel guide so your mind can ponder less stressful matters like sativa or indica, if life insurance for marijuana smokers is a thing, or whatever happened to Taco Bell’s verde sauce.

The Legal Difference between THC and CBD

THC, also known as Tetrahydrocannabinol, is not the same thing as CBD, which is also known as Cannabidiol. The difference between the traveling regulations placed on THC and CBD is largely due to the effects that each has on the body.

Both have medicinal qualities, but THC is the component in cannabis that creates that “high” feeling while the consumption of CBD is more similar to the calming effects of a cigarette.

Because of this difference, when it comes to CBD, you aren’t facing many restrictions other than being sure that the CBD you’re traveling with has 0.3% of THC or less. In 2018, the Farm Bill was passed which removed hemp from the Controlled Substances Act.

With this, hemp can be legally grown and manufactured for CBD products for sale to the national public. So having CBD in federally run places like the airport is completely legal.

Marijuana in Airports

Though the Farm Bill was a great step forward, traveling with marijuana products is still very much in the grey. The TSA is not looking to bust people for carrying marijuana; however, in the majority of states, carrying more than an ounce of THC infused products is against federal drug trafficking laws.

You are not likely to be arrested for possession or any other drug-related charges if small amounts are found on your person in the airport, but fines and other forms of repercussions would be issued to you if authorities are notified.

You can, however, arrive at an airport under the influence of marijuana in the states where recreational use is legal. But if you are under enough influence to cause a disruption, you will likely face legal consequences.

Current laws concerning marijuana in airports leave a few gaps. Although airports are city-owned, airports are run federally so even in states where cannabis use is legal, any amount you have on your person is considered illegal the moment you are given a boarding pass.

If you ever find yourself reaching into your pocket or bag and discovering that joint you misplaced, don’t get scared or feel the need to turn yourself in. Airports now have anonymous drop bins where you can dispose of any extra cannabis items from your person without having to face any legal punishment.

Marijuana in Cars

Once within a state where recreational use of cannabis is legalized, it is completely legal to travel in a vehicle with no more than the set max amount that is legally allowed to purchase within that state.

In the state of California, the legal carry amount of cannabis and THC infused products is up to one ounce or 8 grams of cannabis concentrates, (such as wax), for adults age 21 or older.

For reference, here is a list of that amount in common weed products:

  • 57.5 gram pre-rolled joints
  • 16 vapor pen cartridges (500 milligrams of THC per cartridge)
  • 80 standard gummy packs of 10 (each gummy = 10 grams of THC or less)
  • 40 pot brownies (200 milligrams per square)
  • 32 pot cookies (250 milligrams per cookie)

Note that these examples are per the state of California’s regulations, and if you are planning a vacation to a state where recreational use is legal, you should research the exact laws of that state to be safe and secure in your choices when purchasing cannabis.

It is also important to remember that in all states where cannabis has been legalized, cannabis products are legal to have in the car, but you should be sure that you are not under cannabis influence while operating a vehicle.

Marijuana on Boats

Just like with flying, the best thing to do is to research the policies of not only the place you’re going, but also to ask the company that’s taking you what their policies are regarding marijauana product use while on board.

With that being said, know that the state laws of wherever you embark don’t always carry over to seas. That means that even if you’ve bought from a dispensary that’s a mile from the port, federally marijauana is still illegal and will be considered so once the board leaves the dock.

When it comes to traveling with cannabis on a boat or a cruise, the best practice is to only partake during stops where cannabis use is legal.

If you are found with illegal substances such as marijuana while on a cruise, you will likely be charged according to wherever your next port is. This could bring you large fines, and though unlikely, possible jail time in a foreign country.

Always remember that due to the technicalities of bringing cannabis on board, you are truly doing so at your own risk.

Use Marijuana Products Wisely

Even though some of these things may feel restrictive, and you may be tempted to offer law enforcers to take a hit of your vape pen, you can relax and look at the bright side.

In addition to more laws being passed to decriminalize marijuana, the overall attitude towards the substance and its various uses is becoming generally more relaxed. Enjoy the physical and mental health benefits of marijuana without worrying so much about negative ramifications.


Danielle Beck-Hunter writes and researchers for the insurance comparison site, QuickQuote.com 

 

Filed Under: General Information

Drunk Man Tries To Escape To NY After DUI Accident

November 27, 2019 by Matthew Reisig

Man Attempts Barefoot Escape to New York After Drunk Driving Accident

A New York resident attempted an innovative evasion of police after flipping his vehicle in Mahwah, New Jersey, on November 27. Officers found him walking alone, barefoot and splattered with mud, less than a mile from the New York state line.

Nicholas Panebianco, 26, lives in Airmont, New York, and after Mahwah police finally found him – his flipped 2017 Dodge pickup truck had been called in earlier – he confessed to having been driving the overturned truck and, according to Officer Christopher Fasulo, had a “strong odor of alcohol” on his breath.

Upon discovering the unoccupied truck, which was lying on its side in the woods near the intersection of Miller Road and E. Mahwah Road, police called in a K-9 officer to help find the driver. He had apparently exited the wrecked truck and then, according to a witness, disappeared into the woods. He was found on Airmont Avenue, apparently having decided to walk home across the state line.

Panebianco was ultimately taken to Hackensack University Medical Center for observation, and has been charged with DWI, reckless driving, leaving the scene of an accident, and failing to report an accident.

If you’re facing DWI charges in New Jersey, you need experienced help right away to limit your exposure to our state’s tough drunk driving penalties. Call Matthew Reisig today at 732-378-9272 for a free consultation with an experienced New Jersey DWI defense lawyer.

Filed Under: General Information

Lafayette, NJ Man Pees In Yard, Gets DWI

September 17, 2016 by Matthew Reisig

There are plenty of ways to get popped for DWI in New Jersey, but Sean O’Hara, 30, found what may have been a new method when passing through Sparta. It seems that O’Hara was driving along Houses Corner Road the evening of Sunday, June 12, when he stopped to relieve himself. The homeowner in whose yard O’Hara was urinating wasn’t too pleased to see someone watering his grass, and called the police.

Sparta cops determined that O’Hara was likely intoxicated and conducted field sobriety tests, which he failed. A search followed, which revealed drugs in his pocket and resulted in a series of charges, including DWI, careless driving, possession of a controlled dangerous substance in a vehicle, possession of under 50 grams of marijuana, and possession of drug paraphernalia.

Not a great night for O’Hara or the homeowner whose yard was violated, but stories like this speak to how quickly a DWI stop can expand to become a laundry list of charges against you. If you’ve been stopped for DWI and related charges, get help right away. Call Matthew Reisig today at 732-625-9660 for a free consultation.

Filed Under: General Information

New Jersey 20-Year-Old Will Live With DWI For Years

August 25, 2016 by Matthew Reisig

A 20-year-old Wantage woman who was stopped for speeding is facing charges that may have a lasting impact on her life. Emmi N. McAuliffe-Uchida was pulled over the night of April 28 after police witnessed her speeding on Route 15. The responding officer believed she might be intoxicated, and performed a series of field sobriety tests, which she failed. She was arrested and charged with DWI, speeding, and careless driving, and released later to a sober adult.

What most people don’t realize is that the rules for drivers who are under 21 are different. Instead of a .08% BAC threshold, minors who are suspected of DWI in New Jersey can be charged if their BAC is .01% or higher. This creates a high risk of charges for young people who have even a single drink, or less.

And the results can be devastating. Not only will you lose your license if convicted, but many auto insurance companies won’t write policies for underage drivers who’ve had a DWI, even years later. The costs associated with a conviction before your 21st birthday can be high and long lasting.

If you have a young driver in your life who’s been charged with DWI, take every step you can to keep their record clean. Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction on DWI charges. Call 732-625-9660 today and talk to an experienced New Jersey DWI defense lawyer for free.

Filed Under: General Information

Doesn’t New Jersey’s Implied Consent law violate the Fifth Amendment?

January 21, 2015 by Matthew Reisig

New Jersey’s Implied Consent Law (N.J.S.A. 39:4-50.2) applies to operating a motor vehicle on public or quasi-public land in the state, and driving is not a constitutionally protected act in the United States.

As such, and because that implied consent can be revoked by the driver at the time of an arrest by refusing to submit to a breath test, Implied Consent is considered to meet constitutional muster and not violate the Fifth Amendment protection against self-incrimination.

What You Can Do If Stopped Under Suspicion Of DUI/DWI

Suspicion Of DUI/DWI
When you are stopped in New Jersey under suspicion of DUI/DWI, you do have the right to refuse, though utilizing that right can cost you.

DUI/DWI matters are best handled by an experienced attorney who can protect your rights and advocate for you aggressively against prosecutors and police.

Contact An Experienced Implied Consent Lawyer In New Jersey

Call attorney Matthew Reisig today at 732-625-9660 for a free consultation with an experienced New Jersey implied consent attorney.

Filed Under: General Information

How Does An Ignition Interlock Device Work, And Can It Damage My Car In New Jersey?

December 31, 2014 by Matthew Reisig

Ignition Interlock Devices (IID) in New Jersey are small-scale breathalyzer units that are installed in your car by state-certified installers.

Before you can start your car, you’ll have to blow approximately 1.5 liters of breath into the IID, where it will analyze your breath to determine your blood alcohol content (BAC).

If you have been drinking, the IID will prevent your car from starting.

Some models of IID also require you to provide samples at regular intervals while driving.

You’ll have time to pull over, and if you provide a sample with elevated BAC, the car remains operable as a safety matter. The device will record the event, and you may find your driving privileges at risk.

Installation of IIDs in New Jersey is routine, and your car shouldn’t experience any damage as a result.

IIDs are part of many DUI/DWI sentences in New Jersey, and not only do you have to use them if ordered to do so, you also have to pay for the installation and a monthly rental fee for the duration of the order.

The only way an Ignition Interlock Device can be ordered is if you are convicted, and that doesn’t have to happen.

An experienced New Jersey DUI/DWI lawyer can make all the difference in your case.

Call Matthew Reisig today at 732-625-9660 to speak with one of New Jersey’s most experienced DUI/DWI lawyers for free.

Filed Under: General Information

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Since 1995, we have represented clients in all 21 NJ Counties - Atlantic County, New Jersey (Mays Landing, NJ), Bergen County, New Jersey (Hackensack, NJ), Burlington County, New Jersey (Mount Holly, NJ), Camden County, New Jersey (Camden, NJ), Cape May County, New Jersey (Cape May Court House, NJ), Cumberland County, New Jersey (Bridgeton, NJ), Essex County, New Jersey (Newark, NJ), Gloucester County, New Jersey (Woodbury, NJ),Hudson County, New Jersey (Jersey City, NJ), Hunterdon County, New Jersey (Flemington, NJ), Mercer County, New Jersey (Trenton, NJ), Middlesex County, New Jersey (New Brunswick, NJ), Monmouth County, New Jersey (Freehold, NJ), Morris County, New Jersey (Morristown, NJ), Ocean County, New Jersey (Toms River, NJ), Passaic County, New Jersey (Paterson, NJ), Salem County, New Jersey (Salem, NJ), Somerset County, New Jersey (Somerville, NJ), Sussex County, New Jersey (Newton, NJ), Union County, New Jersey (Elizabeth, NJ), Warren County, New Jersey (Belvidere, NJ)

*The reference to 1,402 cases without a DWI conviction applies to cases prior to November 1, 2018. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.
** We have an 82% Winning Percentage at Trial from 2012 through 2017, likely the best in NJ during that time.

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