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Possession of CDS in a Motor Vehicle Lawyer in Hawthorne NJ

Wayne NJ Motor Vehicle Drug Possession Defense Lawyers

Pursuant to 39:4-49.1, it is illegal for any person to operate a motor vehicle in Wayne, Clifton, Paterson, Ringwood or elsewhere in Passaic County while possessing an form of controlled dangerous substance (“CDS”). This offense is also often referred to as drugs in a motor vehicle. Although this charge arises most often with possession of marijuana, drugs like heroin, cocaine, molly, marijuana, Oxycontin are also frequent players under N.J.S.A. 39:4-49.1. If you were charged with possession of drugs in a motor vehicle anywhere in Passaic County, call one of our former municipal and county prosecutors for no obligation consultation. We will be happy to inform you of what you are looking at in terms of the charge and to explore your best options for challenging the state’s case. We can be reached 24/7 at 862-203-4070.

Possession of CDS in a Motor Vehicle Lawyers in Clifton NJ

Operating a Motor Vehicle With Drugs Law: N.J.S.A. 39:4-49.1

The best starting point for gaining knowledge about this offense is to take a look at the language of the law on this subject. N.J.S.A. 39:4-49.1 provides, pertinent part, that:

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 [in accordance with a valid precription].

You will immediate note from the statute that, by definition, it only applies to the “operator” of a motor vehicle. Thus, you may be charged with this offense if you were the operator of a motor vehicle it is proven by the prosecutor that you knowingly possessed an illegal drug (i.e. CDS on Schedule I-V).

Possession of CDS in a Motor Vehicle: Fine, Jail & Oth Penalties

If convicted for possessing drugs in a motor vehicle, you will face a mandatory suspension of your license for no less than two (2) years. And it is important to understand that this consequence, namely, one of the stiffest drivers license suspension periods under NJ law, is in addition to whatever penalties are impose for the underlying drug possession offense. N.J.S.A. 39:4-49.1 is thus simply just an additional consequence of being arrested for possession of drugs when you happen to be the operator of a motor vehicle. You will also face the jail term, fines, and other penalties that apply for the criminal charge of possession.

Clifton NJ Motor Vehicle Drug Possession Attorneys

An attorney in our Wayne office is prepared to immediately assist you if you or a loved one is facing a drug possession in a motor vehicle offense. You need to know what you are really facing and your best options for avoiding a 39:4-49.1 conviction. Give us a call at 862-203-4070.

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