The consequences in New Jersey for possession of CDS in a motor vehicle happen to be much worse than a DWI conviction. For example, a DWI conviction for a first offense will result in a maximum one-year loss of license. Yet, if convicted on a first offense CDS Possession in a motor vehicle you will be facing a two-year loss of driver’s license.
Were you charged with CDS in a Motor Vehicle?
If you were charged with Possession of CDS in a vehicle, there are a few things you should know. First of all, these cases are heard in New Jersey Municipal Courts. Next, the charge itself is NOT a criminal charge. If you look at your ticket, you will see the number 39:4-49.1. This means that it is taken from New Jersey’s Title 39 code. Title 39 offenses deal with “traffic” violations.
Now, the bad news: If you were charged with Possession of CDS in a vehicle, you most likely have similar criminal charges under New Jersey’s Title 2C. Since we’re only discussing the traffic charge on this page, please click on the following link for more information on how to fight your criminal Drug Charges in New Jersey.
You should also know that if your license is suspended, you will NOT be permitted to drive in NJ. There is no such thing as a “temporary” or “conditional” license in this state. Once you lose your license, you cannot drive until it is reinstated.
Please click below to learn more about the Penalties of Driving While Suspended in New Jersey.
Drug Paraphernalia will result in a CDS charge
If you were found to be in Possession of Marijuana Paraphernalia such as a grinder, pipe, or even baggies, then you will get charged with Possession of CDS in a Vehicle. Even though there were no drugs in your car, the “drug residue” found in the pipe or grinder will be considered to be CDS. Again, there are many ways to defend against these charges, but we need to know the particular facts of your situation. Meet with us for a Free Consultation.
Do Prescription Drugs Count as CDS in New Jersey?
Absolutely! If you do not have a valid subscription or are not a licensed doctor or veterinarian, then you will be charged for having legal drugs like Xanax and Oxycontin in your possession. Even if the prescription drugs were not in your system, you can get charged with this. Sometimes you may have a valid prescription for Xanax or Alprazolam BUT you are found to be in Possession of a different prescription drug. Your prescriptions for one kind of drug will not protect you against the other types of drugs found in your possession. These issues get complicated and that’s why you should let us represent you.
What if I didn’t know that I was in Possession of CDS while I was driving?
If you did not “procure” or obtain the CDS, then you may have a very strong defense. For example, if you gave someone a ride six months ago and they dropped some pills in between the car seats, then we would explore this as your defense. In fact, it happens more frequently than people realize. Think about it. Do you remember every person who ever rode in your car? And how often do you vacuum between or under the seats? Would it be fair for a judge to strip you of your driver’s license for two years for something you are completely innocent of?
You see it is the responsibility of the State to prove that you (the driver) were aware that the CDS was in the motor vehicle at the time of the offense. If you have a strong case, and you are a credible witness, then we will fight like mad for an outright dismissal of this charge.
Please know that there are additional ways to achieve a dismissal in cases involving CDS Possession in a motor vehicle. As criminal defense lawyers near you, we will investigate legal issues involving issues like the”reasonable articulable suspicion” & “probable cause for the motor vehicle stop”. If you did not consent to the search of your vehicle, it is very important for you to meet with us. We will thoroughly investigate the circumstances of your case and explain your potential legal defense.
We want to share one of our “real-life” cases with you. We won this case and the client was very grateful. We challenged the legality of the traffic stop and the case was dismissed!
Here it is: Essex Drug Case Victory
N.J.S.A. 39:4-49.1 – Possession of CDS in a Motor Vehicle Statute
Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the “New Jersey Controlled Dangerous Substances Act,” P.L. 1970, c. 226 (C. 24:21-1 et seq.) or any prescription legend drug,
UNLESS: the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or
UNLESS the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.
A person who violates this section shall be fined not less than $50.00 and shall forthwith forfeit his right to operate a motor vehicle for a period of TWO YEARS from the date of his conviction.
New Jersey CDS Possession in a Motor Vehicle Lawyers
If you have been charged with both possession of CDS and possession of CDS in a motor vehicle and you do not have strong legal defenses, we may be able to work out an excellent “plea bargain” for you. Our strategy would me to get you a dismissal of the motor vehicle charge and successfully apply you for the Conditional Discharge program. Conditional discharge is a diversionary program that, if completed, leads to the dismissal of the charges and no conviction on your criminal record. If you are convicted of possession of CDS in a motor vehicle, this will result in a mandatory loss of your driver’s license for a period of 2 years, as well as associated fines.
Contact an NJ Drug Lawyer Today – Consultations are Free
If you are being investigated or have been charged with a crime in New Jersey, you must contact a Criminal Defense attorney.
Or, if you are facing Drug Charges, Shoplifting, Restraining Orders or any type of criminal charges in New Jersey, we will protect you.
Our New Jersey Criminal Defense Attorneys are here for you.