Marijuana Possession in Motor Vehicle Charges Dismissed

New Jersey Drug Possession in Motor Vehicle Attorneys

What may have started as a minor traffic stop for speeding or careless driving can quickly turn into a search of your vehicle and a subsequent arrest for marijuana possession. This happens on a daily basis in New Jersey. Moreover, most drivers refuse consent, only to have the officers search the car anyway based on probable cause from the scent of marijuana. If this has happened to you, it is imperative that you speak with an attorney about your rights and the charges you are facing. Marijuana Possession, under N.J.S.A. 2C:35-10(a)4 is a criminal offense that carries up to six (6) months in jail, fines, probation, license suspension and lasting affect of a criminal record. Additionally, if you were found in possession of marijuana in your car, the officer may charge you with the traffic offense known as CDS in a Motor Vehicle, pursuant to 39:4-49.1. This is important to note because this particular traffic ticket requires that the court suspend your license for a mandatory TWO YEARS.

Call the experience drug possession and traffic attorneys today here at the Offices of Marshall, Bonus, Proetta & Oliver. Our team of trial attorneys and former prosecutors can help you fight these charges. OUr team can be reached at (877) 450-8301.

Criminal Charges for Possession of Marijuana, under N.J.S.A. 2C:35-10(a)4 Dismissed in Somerset County

Recently, I represented a client who was charged criminally with marijuana possession, as well as with other ancillary traffic tickets in Somerset County. My client’s car had died on the side of the road and he was approached by a New Jersey State Trooper who was performing a community care check. Eventually the officer arrested my client and charged with criminally under N.J.S.A. 2C:35-10(a)4. At trial, I was able to raise a variety of constitutional violation issue and ultimately won on a motion for dismissal before the court. This allowed my client to walk away not guilty on all charges and never have to worry about having any criminal record.

CDS in a Motor Vehicle Ticket NJ

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, states in pertinent 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 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.

Somerset County Marijuana Possession Attorney

Don’t wait. Call our office today and speak with an attorney for you free initial consultation at (877) 450-8301.

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