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Possession of CDS in a Motor Vehicle

Wall NJ Possession of CDS In A Motor Vehicle Attorney

Possession of a controlled dangerous substance (“CDS”) in a motor vehicle may only be a traffic ticket but the penalties are extreme if you are convicted. The period of suspension is just as bad as the revocation for a second offense of DWI at two (2) years. A traffic ticket for violating 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”) clearly is not something to ignore, especially when you consider that an attorney at Marshall, Bonus, Proetta & Oliver has a good chance of avoiding a conviction. The lawyers on our eight member defense team, including those who have sat as municipal prosecutor in towns like Holmdel, Hazlet, Matawan, Howell and even Wall Township, are successful in a high percentage of case in averting a license suspension and other penalties for driving with drugs in a motor vehicle. You may call our Wall Office or another one of our locations in Monmouth County to speak to a lawyer free of charge. We can be reached at 732-449-2292.

Possession In A Motor Vehicle Offense

The law governing a CDS in a motor vehicle charge is contained at N.J.S.A. 39:4-49.1. This statute provides in relevant part 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…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…

As previously stated, violation of this section subjects a driver to forfeiture of his license to drive for two (2) years.

What Is Required For The Prosecutor To Prove This Charge? There are five (5) elements that must be established by the state in order to convict you for driving with cds in your vehicle. The prosecutor must prove, beyond reasonable doubt, that you:

  1. Were the operator of a motor vehicle;
  2. On a highway;
  3. While in possession of CDS or a prescription legend drug;
  4. Located on your person or within the vehicle; and
  5. Your conduct was knowing.

The first thing you will note from these requirements is that this law applies to operators and not to individuals who are occupants of a motor vehicle. In addition, an individual may only be convicted if his or her conduct is knowing, other words, they are aware that drugs are being possessed in the car, truck, motorcycle or other vehicle being operated. You therefore have a strong defense to this charge if you were unaware that your passenger was in possession of drugs. The argument would not be as persuasive if the cds was found in the console or glove compartment although our attorneys are successful in even the toughest of cases in Monmouth County, including Middletown, Brielle, Belmar, Red Bank and Marlboro.

Holmdel Possession of Drug in a Motor Vehicle Lawyers

With the Garden State Parkway and PNC Bank Art Center attacking considerable traffic to Holmdel, it is somewhat of a hotbed for possession in a motor vehicle summonses. If you were stopped or otherwise found to be the operator of a car where heroin, cocaine, prescription drugs or marijuana was uncovered, chances are that you were also issued a summons for possession in a motor vehicle. As you can see, the consequences of a conviction for this ticket can effect your life, in many cases, as badly as possessing the drug in violation of N.J.S.A. 2C:35-10. So call our lawyers today for immediate guidance in averting a conviction for possession in a motor vehicle. An attorney is available 24/7 for free consultation.