Possession of CDS in a Motor Vehicle

If you were in possession of marijuana or another drug in a motor vehicle you are probably facing a N.J.A. 39:4-49.1 charge. We are the one of the largest criminal firms in the entire state, based in Monmouth County, and our attorneys have been appearing on behalf of individuals arrested and/or charged with possession of CDS in a motor vehicle for decades. The former prosecutors and skilled lawyers at our office are ready to meeting you in our Wall Township Office or to speak to you in a free consultation at 732-449-2292.

Possession of CDS in Motor Vehicle Attorney Wall NJ

Possession of CDS in a Motor Vehicle Offense in Wall New Jersey

The judge of the Wall Municipal Court is obligated to apply N.J.S.A. 39:4-49.1 in your case. 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 first dynamic of this law that you should be aware of is that it only applies to those who have knowledge of the existence of drugs. The second thing you need to be reminded of is that the language of this statute is limited to those who operate a car, truck motorcycle or other motor vehicle. An occupant is not subject to this violation. The third thing you need to know is that 39:4-49.1 is a motor vehicle offense and not criminal. It therefore applies and exists separate and apart from any drug possession or distribution of CDS charge that was filed. A conviction for this offense results in a a mandatory driver’s license suspension of two years and fines and assessments to be imposed by the court.

Wall NJ Possession in a Motor Vehicle Lawyer

A common mistake in possession of CDS in a motor vehicle cases is the idea that the charge is not serious because it is non-criminal. The truth is, however, that a plea or finding of guilt will result in years of revocation of your privilege to operate a vehicle legally in this state. The suspension is mandatory and for a term of two years. It is certainly therefore in your best interest to retain a lawyer that can assist you in avoiding this outcome. The attorneys at Marshall, Bonus, Proetta & Oliver are highly experienced and skilled in not only handling this variety of violation but also in appearing in Wall Township Municipal Court. We routinely appear in this jurisdiction with success. To speak to a Wall Criminal Attorney at our firm, call 732-449-2292.