It is important to understand that the laws of New Jersey provide for a suspension of a defendant's driver's license upon conviction of any N.J.S.A. 2C:35 drug offense - even if the offense had nothing to do with a motor vehicle.
Many clients that end up retaining our services for Marijuana Possession (< 50g) charges began their calls to our office with concerns that the municipal court prosecutor threatened a loss of their driving privileges for up to two years.
"How is that possible?" "But I wasn't even in a car!" "I was in a friend's house!"
It's not surprising that so many clients are confused by the NJ statute. Most people wouldn't expect for an offense that, on its face, has nothing to do with a motor vehicle, to affect a person's ability to drive as a possible penalty. Even so, New Jersey has adopted drug laws which require a mandatory suspension of an individual's license for no less than six months and no more than two years for any drug-related offense under N.J.S.A. 2C:35 and 2C:36.
N.J.S.A. 2C:35-16 explains this with greater detail:
"N.J.S.A. 2C:35-16: Forfeiture or Postponement of Driving Privileges
a. In addition to any disposition authorized by this title, the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, and notwithstanding the provisions of subsection c. of N.J.S.2C:43-2, a person convicted of or adjudicated delinquent for a violation of any offense defined in this chapter or chapter 36 of this title shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed unless the court finds compelling circumstances warranting an exception."
What compelling circumstances will warrant such an exception? A skilled attorney will be able to successfully argue what's known as a "Hardship Application," which demonstrates the defendant's considerable need for a driver's license. Pursuant to State v. Bendix, 396 N.J. Super. 91, 933 A.2d 1 (App. Div. 2007), a defendant has the right to make such an application, which could potentially save the individual from any loss of license at all if handled correctly and the Judge affirms.
The takeaway: Marijuana charges, although only a Disorderly Persons Offense, carry some significant penalties which apply to all drug convictions in the state of New Jersey. Just because the operation of a motor vehicle is not an element of the offense, it won't serve as grounds to prevent the judge from taking away a defendant's license upon a conviction of such offense.
