Possession of marijuana, or any controlled dangerous substance for that matter, is a criminal offense. However, in addition to any possession charges under N.J.S.A. 2C:35-10, you may also be charged with possession of a CDS in a Motor Vehicle if, as you may have guessed, you were in a motor vehicle at the time of the arrest or the drugs were in a motor vehicle at the time of the arrest. In those instances, you will be charged with possession of a CDS in a motor vehicle, a traffic violation, pursuant to N.J.S.A. 39:4-49.1. This charge carries monetary penalties, as well as a mandatory two (2) year loss of license. As such, it is imperative that you speak with a traffic ticket attorney before you enter any guilty plea with the court, or risk losing your license, and possibly you job.
If you or someone you love are being charged with Possession of a Controlled Dangerous Substance in a Motor Vehicle, under N.J.S.A. 39:4-49.1, or Possession of Marijuana, Under N.J.S.A. 2C:35-10, Contact the Law Offices of Jonathan Marshall. Our team of former New Jersey Prosecutors are more than capable of assisting you in your traffic or criminal case. Our firm may be reached 24/7 at (877) 450-8301.
N.J.S.A. 39:4-49.1 Possession of a Controlled Dangerous in a Motor Vehicle Charge Attorney
This past week I appeared on behalf of a client who was charged with multiple criminal and traffic violations. One of those charges included Possession of a CDS in a Motor Vehicle under N.J.S.A. 39:4-49.1. Like most New Jersey drivers, my client needed his license for work and was told by his employer that a two (2) year suspension would most certainly result in his termination from the company. With this knowledge, I knew that it was imperative that I do everything possible to get the CDS in a Motor Vehicle charge dismissed. Through diligent work and timely motions, I was able to do just that. The judge accepted a negotiated plea, whereby the CDS in a Motor Vehicle charge would be dismissed and my client was able to keep his license. Suffice to say, the client was ecstatic with this resolution.
CDS in a Motor Vehicle Law N.J.S.A. 39:4-49.1
39:4-49.1. Drug possession by motor vehicle operator 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.
Call the Attorneys at the Law Offices of Jonathan F. Marshall for your free initial consultation today at (877) 450-8301.