Operating a motor vehicle while in possession of drugs constitutes a major motor vehicle violation. The South Brunswick Police Department, in an effort to combat the illegal use of controlled dangerous substances (“CDS”), are committed to apprehending those who operate a car, truck or other vehicle while possessing drugs. If you have been charged with possession of CDS in a motor vehicle in South Brunswick, you are required to lose your driving privileges for two years if you fail to successfully defend this charge. For most people, this risk is potentially catastrophic. The lawyers at the Law Offices of Jonathan F. Marshall will fight to make sure you keep your license and escape this offense without conviction. Our attorneys have over 100 years of combined experience defending possession charges in South Brunswick and have provided favorable results for hundreds of clients. To speak to an attorney about a possession in a motor vehicle offense, call us at 732-210-6241. A lawyer is available 24/7 to assist you in a free consultation.
Possession of CDS in a Motor Vehicle Charge in South Brunswick
Under N.J.S.A. 39:4-49.1, it is illegal to operate a motor vehicle while knowingly in possession of a controlled dangerous substance (CDS) or a prescription legend drug. Possession of CDS in a motor vehicle is always charged in conjunction with a criminal offense for possession of CDS in South Brunswick including:
- Marijuana Possession
- Cocaine Possession
- Heroin Possession
- Possession of a Prescription Legend Drug
- LSD
- MDMA
- Methamphetamine
Elements of Possession of CDS in a Motor Vehicle. For the state to procure a conviction for possession of CDS in a motor vehicle they must establish the defendant that you: (1) were operating a motor vehicle; (2) on a highway; (3) while in knowing possession; (4) of CDS or prescription drugs; and (5) located on the person of the driver or within the vehicle.
Penalties for Possession of CDS in a Motor Vehicle. Possession of CDS in a motor vehicle is considered a motor vehicle offense rather than a criminal offense. The penalties for the CDS in a motor vehicle offense include hefty fines and a mandatory license suspension for two years. The drug possession charges that you are probably also facing carry with them other serious penalties as well. For example, a third degree crime for possession of cocaine, heroin, methamphetamine or MDMA carries up to 5 years in prison and a fine of up to $75,000. be filed against you will have more severe penalties, depending on what was found in your possession at the time.
Possession of Drugs in a Motor Vehicle Charge in South Brunswick Defense Lawyer
Getting caught for driving in possession of marijuana in South Brunswick or other drugs is a serious matter that requires the attention of a qualified defense lawyer. If you want to maintain your driver’s license and avoid a two year suspension, it is going to take skillful work by a knowledgeable attorney. The lawyers at the Law Offices of Jonathan F. Marshall are highly skilled at defending drug charges and have worked in South Brunswick for decades. To speak to one of our attorney, contact our New Brunswick Office at 609-683-8102.
