Middletown NJ Possession of CDS in a Motor Vehicle Lawyer
Charged with Possessing Drugs in a Motor Vehicle in Middletown
One of the most serious traffic violations an individual can be charged with is possession of cds in a motor vehicle. On top of its being issued in tandem with a criminal possession offense in most cases, a conviction for this charge results in a mandatory driver’s license suspension of two (2) years. N.J.S.A. 39:4-49.1 (“Operating motor vehicle with controlled dangerous substance or prescription legend drug in possession or in motor vehicle”) driving with marijuana, heroin, cocaine or another drug an extremely problematic activity if you are caught and arrested. You can take comfort, however, in knowing that our firm, The Law Offices of Jonathan F. Marshall is a longtime fixture of the Monmouth County criminal bar with multiple former prosecutors from the area on staff. Our attorneys have successfully defended an immeasurable number of cds in a motor vehicle charges in Middletown Municipal Court. If you were issued a summons for this offense anywhere in this municipality, give our Middletown Office at call for a free consultation at 732-615-0039.
Possession of CDS in a Motor Vehicle Law & What You Need To Know
For anyone facing a charge for having drugs in their car or truck contrary to N.J.S.A. 39:4-49.1, the starting point in gaining an understanding is viewing its language. In this regard, this law provides that:
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.
The most pivotal point to be take from this statute is that it only applies to those who are operators of a motor vehicle. You cannot be convicted for possession of drugs in a motor vehicle in accordance with 39:4-49.1 if you were a passenger or occupant in possession of marijuana or other cds. The other thing you want to keep in mind is that the police must have gained access to the substance legally. Accordingly an illegal traffic stop unsupported by a valid motor vehicle violation will not support a conviction. Similarly, an unconstitutional search of your vehicle, for example, one unsupported by a knowing consent or a legitimate factual or legal basis for the police officer to conclude he had probable cause, will not support this offense.
Possessing of CDS in a Motor Vehicle Attorneys in Middletown New Jersey
A stop and search of your vehicle can clearly result in significant problems when the result is the discovery of drugs/cds by the police. The primary reason for this statement stems from the fact that the penalties for this violation include a two year license suspension that cannot be avoided if you are found guilty of violating N.J.S.A. 39:4-49.1. This is why it is crucially important that you secure representation by a lawyer who has considerable experience in handling this charge. The attorneys at our Middletown NJ Criminal Defense Firm have the tools you need. Call us at 732-615-0039 for immediate assistance.