Marijuana in a Motor Vehicle Charge Dismissed N.J.S.A. 39:4-49.1

Charge for Possessing Marijuana Possession in a Car

Were you pulled over for some minor traffic offense such as Obstructed View, in violation of N.J.S.A. 39:3-74, or Careless Driving, in violation of N.J.S.A. 39:4-97 and later found to be in possession of a Controlled Dangerous Substance like Marijuana, Heroin, or Cocaine? Did the cops search your vehicle with your consent? Was there a search warrant obtained? Did you voluntarily turn over the drugs to the investigating officer? These are all important questions to be asked in any drug offense.

If you have been charged with Possession of Marijuana, under N.J.S.A. 2C:35-10(a)(4), or Possession of a CDS (Marijuana) in a Motor Vehicle, under N.J.S.A. 39:4-49.1, then you are facing some serious penalties. Find out what an experience criminal defense firm can do for you to fight these types of charges. Call (877) 450-8301 today to speak with our team comprised of former New Jersey Prosecutors and receive your free consultation.

Ticket for Marijuana Possession, under N.J.S.A. 39:4-49.1, Dismissed By Judge

Recently, our firm handled drug possession charges on behalf of a client who had a history of similar offenses, which he handled on his own. Unfortunately, these prior charges all resulted in convictions and guilty pleas. When he picked up his newest charge, he realized that it would be in his best interest to obtain the counsel of an an experienced New Jersey Marijuana Possession Law Firm. We quickly took up a defense on our client’s behalf through various discovery and motion practice. Through our work, we were able to have our client marijuana possession charges dismissed on what was a firm trial date. Needless to say, our client was enthusiastic about the result.

Controlled Dangerous Substance in a Motor Vehicle Ticket

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

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.

Is Suspension of My Driving Privileges For Two Years Cruel and Unusual Punishment?

Unfortunately, the answer is no. Pursuant to State v. Anderson, the loss of driving privileges for two years for possession, while operating motor vehicle, of less than 25 grams of marijuana, was not cruel and unusual punishment, absent showing that punishment was grossly disproportionate to offense. Nevertheless, your charges may still be dismissed and the penalty avoided if you are able to put forth a strong defense either on your own or with an experienced New Jersey criminal and traffic attorney.

New Jersey Lawyers

When you need the experience and skill of tried and true traffic violation attorneys on your side, turn to the firm with the standard of success that you can trust.

Call The Law Offices of Jonathan F. Marshall today at (877) 450-8301 for a free consultation and to begin fighting your careless driving traffic violation.

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