Interviewer: Does that mean that the person may end up getting terminated even if they were found not guilty?
Sam Sachs: Usually my experience has been that the arrest is not the determining factor, but once they know there’s arrest they want to know the outcome. The outcome may well cause concern in some school districts in New Jersey as conviction actually is considered a violation of the teaching contract and they can be fired and lose their pension. I’ve had people that have professional licenses where they’ve had multiple offenses and they also could lose their professional licenses. There are some corporations that consider being charged with certain crimes or driving while intoxicated shows a certain lack of judgment and they, because of at will employment and company policy, will fire somebody because of it.
Professional Drivers Can Suffer Serious Consequences of a Drug Related DUI
Certainly if driving is required in your job or you work for a trucking company you’re history. If you work for some of the delivery services you’re gone, even if you get the violation in your personal vehicle. I had a guy call me recently that said, “You know I’m a truck driver and I got a speeding ticket in my personal vehicle and now I can’t get a job driving a truck.” Fast speeding ticket, but still he was very upset. People can hire who they want as long as they don’t discriminate, if they feel that it’s a risk. I had a guy that had trouble. He had a SEC license and he wanted to change brokerages. He had a second DUI. He was supposed to go to another brokerage and they found out. I guess he disclosed or he had to disclose, that he had a second DUI. They said that somebody that has two DUIs shows a lack of judgment and we don’t want you working for us. He had an offer on the table, which was then rescinded because he got another DUI.
The Driver’s License Implications Involved in a Drug Related DUI Conviction
Interviewer: What’s going to happen to the driver’s license?
Sam Sachs: Seven months to a year suspension if you’re convicted for a first offense, 2 years for a second offense and 10 years for a third offense. In addition to that for a second and third there’s jail time. Third time around is a mandatory 10 year loss of license and 6 months in jail. Each time it gets worse if the first one is alcohol and the second one is drugs, or vice versa, it makes no difference. Regardless of what the substance was, intoxication is intoxication. When you think about it, alcohol is a drug even though we call it something different.
The Driver’s License Hearing is Determined By Municipal Court Judges in New Jersey
Interviewer: Is there a motor vehicle hearing that someone has to attend as well as a court hearing that has to deal with a driver’s license?
Sam Sachs: In some states there are administrative hearings that take place before the Motor Vehicle Bureau. We don’t have those in New Jersey. The entire case is determined by Municipal Court Judges. For instance, I know in Colorado you have an administrative hearing before the Motor Vehicle Commission whatever it’s called out there. I had a client that was arrested out there. They can suspend your license administratively based on whatever their criteria are and then you still have to go to court and have an adjudication on the DUI where you can have your license suspended again we don’t have that in New Jersey. There is no proceeding against you before our Motor Vehicle Commission; the only proceeding is in Municipal Court. The only exception is if there is a fatality due to an accident. Then there is a proceeding before the Motor Vehicle Commission.