Middletown Arrest Made for DWI and Drug Possession
When police first encountered Michael Kiernan in Middletown, they may not have expected to find that he was driving while intoxicated. During that same stop they also allegedly found him to be in possession of heroin and drug paraphernalia. He was released on bond and has a pending court case.
New Jersey has very strict laws when it comes to both drug charges and driving while intoxicated. The description for what is considered to be driving while intoxicated as well as the penalties for such a charge are found under N.J.S.A. 39:4-50. Driving while intoxicated and the similar charge of driving under the influence of drugs, which is issued if a person is accused of having taken any hallucinogens or other illicit drugs and then chooses to drive a motor vehicle, carry the same penalties. In the case of drunk driving, the penalties given will depend upon whether the blood alcohol level is at least 0.08% but less than 0.10%, or over 0.10%. If the blood alcohol content is over 0.10%, then those convicted can expect to spend up to 30 days in prison, lose their license for 7 months to 1 year, and can expect to pay multiple fines. Those with a blood alcohol level of 0.08% to 0.10% face a 3 month license loss, up to 30 days in prison, and multiple fines.
New Jersey has strict penalties in regards to being found in possession of heroin and other controlled dangerous substances, which is classified as a Schedule I substance under N.J.S.A. 24:21-5(d) and prohibited under N.J.S.A. 2C:35-10(a)(1). Despite the amount of heroin found in an individual’s possession it is at least a third degree crime and those convicted can expect to spend up to five years in prison, have a suspended driver’s license in addition to paying extensive fines.
Those found in possession of drug paraphernalia will face a disorderly persons offense if convicted. They can expect to pay a $1,000 fine, six months of jail time and a suspended driver’s license. They may also face additional fines when drug enforcement tests the paraphernalia.