Courts We Serve
- 10 January, 2020
- 21 April, 2018
- 15 April, 2018
Possession of Drugs in a Motor Vehicle
Woodbridge NJ Possession of CDS in a Motor Vehicle Lawyer
You certainly would have little doubt about just how many summonses for possession of CDS in a motor vehicle were issued in Middlesex County if you sat through the calendar call in its busiest municipal courts like Woodbridge, Edison, New Brunswick and East Brunswick. There are hundreds, if not thousands, of motorists charged with violating N.J.S.A. 39:4-49.1 in the county every year and our firm, The Law Offices of Jonathan F. Marshall, diligently handles its fair share of these cases. Indeed, the lawyers on our staff make up the largest criminal defense team in the county with several former prosecutors. If you were issued a ticket for possession of marijuana, cocaine, heroin, prescription drugs or another form of CDS in a motor vehicle, an attorney is ready in our Woodbridge Office to assist you. Call us anytime of day or night at 732-634-0700 for a free consultation.
Possession of Drugs in a Motor Vehicle Under N.J.S.A. 39:4-49.1
A charge for possession of Controlled Dangerous Substance (CDS) in a motor vehicle in New Jersey is governed by N.J.S.A. 39:4-49.1 which provides:
§ 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 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.
Penalties. A conviction for possession of drugs in a motor vehicle carries some of the harshest penalties set forth in the NJ Traffic Law. An individual faces a mandatory driver’s license suspension of two years if they plead or are found guilty of this offense. There is also a fine and court costs that must be paid. An individual can also expect a hefty increase in insurance rates.
Merger. For many years prosecutors took the position that a possession of CDS and 39:4-49.1 charge were separate offenses. If the arresting officer was, for some reason, unwilling to dismiss the motor vehicle ticket despite eligibility for conditional discharge, there was some limited authority to support that position. It is now doubtful that a prosecutor could take this position and succeed since the United States Supreme Court issued a ruling that implies that double jeopardy would bar prosecution for possession of CDS in a motor vehicle after dismissal of the related criminal charge for possession as the result of a conditional discharge.
Piscataway NJ Possession of Drugs in a Motor Vehicle Attorneys
There are many marijuana possession in a motor vehicle and other N.J.S.A. 39:4-49.1 charges issued in Piscataway New Jersey each year. This is an extremely busy town and the presence of High Point Solutions Stadium and campus housing for Rutgers University only adds to the volume of CDS cases. If you were arrested in Piscataway or any other municipality in Middlesex County, the attorneys at The Law Offices of Jonathan F. Marshall are available to assist you now. To speak to a lawyer on our defense staff in a free consultation, contact our Piscataway Office at 732-562-0308.
Contact The Law Offices of Jonathan F. Marshall to speak to a skilled criminal defense lawyer about your possession of marijuana, cocaine, MDMA, heroin or another form of CDS in a motor vehicle charge in Woodbridge, Piscataway, Sayreville, Edison, Old Bridge, Plainsboro, New Brunswick, East Brunswick, Metuchen, Spotswood, Carteret, Monroe, South Brunswick, Milltown, North Brunswick, Perth Amboy or Highland Park New Jersey.