Newark Criminal Defense Law Blog

Keto diet may cause breath test false positives

An odd circumstance regarding the defendant's diet got DUI charges dropped in a recent case. Readers in New Jersey might be interested in the case's demonstration of challenges to prosecution evidence in a drunk driving case. In the case, the defendant was pulled over and given a field sobriety test, during which he seemed largely fine. When the driver blew into a breath testing device, he tested above the legal limit for alcohol.

His attorney learned that the driver had been on the keto diet, and also learned that some breath testing machines cannot tell the difference between isopropyl alcohol and ethanol alcohol. These facts were relevant because when people are on the keto diet, their livers break down fat to use as fuel, which has acetone as a byproduct. When people who are on the keto diet breathe into some breath tests, the devices pick up on the acetone that is released in the person's breath as isopropyl alcohol.

Legal status of marijuana products causing big problems for some

In most parts of the United States, it is common to ask: “Is marijuana legal now?” If you live in New Jersey, you may be especially unsure of the answer. As of the time of this writing, marijuana is legal for certain medical purposes and a bill legalizing recreational use is currently working its way through the state legislature (without a guaranteed outcome).

Of course, marijuana remains illegal at the federal level, but federal lawmakers recently legalized the sale of hemp, which is very similar to marijuana except in one very important way: It contains nearly none of the high-causing chemical THC that is found in pot. With such a confusing patchwork of state and federal laws as well as a patchwork of legal and illegal marijuana-derived products, how is anyone supposed to know which side of the law they are on?

Drug distribution: What you need to know

It’s no secret that drug abuse in a nationwide epidemic. It’s hard to turn on the news or open a paper these days without reading about deaths from overdoses.

Legislative bodies around the country are creating laws to slow the flow of drugs – from better securing our ports to monitoring how doctors prescribe medications. But when talking about moving drugs, it’s important to know what the terms mean.

Will ‘driving while stoned’ jam New Jersey courts?

New Jersey joined the conversation of legalizing cannabis with a new proposal from local representatives. Before the bill even hit the house floor, critics vocalized concerns about marijuana legalization, including how the court will handle driving while “stoned.”

Writers of the bill stated the proposal includes heightened police training and drug enforcement to prevent drivers from traveling while impaired. According to John S. Sitzler, a Hainesport lawyer who has specialized in DUI cases, it may cause alarms for future cases.

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