Courts We Serve
- 18 February, 2018
- 27 December, 2016
- 26 December, 2016
Old Bridge Possession of CDS in a Motor Vehicle Attorney
Given that police are now permitted to conduct a motor vehicle search based on smell of marijuana, there are a lot more possession of cds in a motor vehicle charges in Old Bridge. Our lawyers are highly accustomed to dealing with offenses involving possession of cds in Old Bridge and a related motor vehicle ticket for drugs in a motor vehicle as members of a firm that has been practicing in Middlesex County for over decades. If you are facing a ticket for possession of cds in a motor vehicle in Old Bridge Municipal Court, this certainly is not something unique to the attorneys at the Marshall Law Firm. We know just how frequently someone is arrested for this offense and, more importantly, what needs to be done to help someone avoid a conviction. To speak to an attorney on our team, including one of our former prosecutors, you can call our East Brunswick Office at 732-227-1200. A lawyer is ready to explore the circumstances of your drug case now.
Arrested for Possession of CDS in a Motor Vehicle in Old Bridge
Possession of cds in a motor vehicle is one of the worst traffic violations someone can face in Old Bridge or another town in the state. The reason we say this is because a conviction for even a first offense carries a mandatory driver’s license suspension of two years. N.J.S.A. 39:4-49.1, which is captioned “Drug possession by motor vehicle operator”, 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.
This offense, which is strictly a violation of the motor code, does not result in a record. Your are probably also facing a criminal charge and that does, however, result in a criminal conviction if you plead or are found guilty.
Jurisdiction to decide your 39:4-49.1 offense rests with the municipal court. The criminal charge for possession will also be heard in municipal court if it involves possession of 50 or less of marijuana in Old Bridge. If your case involves more serious drugs, for example, a Old Bridge cocaine possession charge, the case will have to be dealt with in New Brunswick at the Middlesex County Superior Court.
The penalties for possessing drugs/cds in a motor vehicle are severe. The court must suspend your privileges to operate a motor vehicle for at least two years. The court must also impose a fine the amount of which is discretionary; there is no cap set forth in the statute on what a court may set as the fine. All of these penalties apply on top of whatever apply on a criminal possession charge.
Old Bridge Possession of Drugs in a Motor Vehicle Defense Lawyer
The license suspension flowing from being convicted for possession of drugs in a motor vehicle is certainly significant. The truth is, however, that a lawyer at the Law Offices of Jonathan F. Marshall is able to avoid a guilty finding under 39:4-49.1 in most cases. If you would like to speak to one of our attorneys in a free consultation, do not hesitate to contact our office. A lawyer can be reached around the clock at 732-227-1200.