Possession of CDS in a Motor Vehicle
When marijuana, heroin, cocaine or another form of controlled dangerous substance is found in a motor vehicle, a separate violation for possession in a motor vehicle under 39:4-49.1 is usually issued. Although this charge is served in the form of a summons or ticket and does not represent a criminal offense, it is much more serious than it might initially appear. A conviction carries a mandatory driver’s license suspension of at least two years and there is no escaping this outcome if you are found guilty under this law. The good news is that our attorneys are triumphant in a very high percentage of cases. In reaching these outcomes, it certainly helps that our lawyer, Matthew Dorry, is the former prosecutor in Lacey, Toms River, Jackson, Berkeley, Brick Township, Stafford and over 15 Ocean County Municipalities. Matt and our other lawyers make up the largest defense team in the region and have over 100 years in practice between them. If you have been charged with with possession of CDS in a motor vehicle, a lawyer at Law Offices of Jonathan F. Marshall is ready to undertake what is necessary to avoid a license suspension and other penalties. An attorney is available now at (732) 286-6500 to answer your questions.Charged With CDS in a Motor Vehicle in Ocean County
The offense of possession of a controlled dangerous substance (“CDS”) in a motor vehicle, as previously stated, arises out of N.J.S.A. 39:4-49.1. The first thing you should know is that this charge is not a criminal offense but rather a motor vehicle violation. This is why a possession in a motor vehicle summons it is typically issued in tandem with a criminal complaint for drug possession. The following is what the exact language of this law.
N.J.S.A. 39:4-49.1. Operating motor vehicle with controlled dangerous substance or prescription legend drug in possession or in motor vehicle
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.
As you can see, the direct consequences of a conviction are significant in view of the mandatory drivers license suspension of two (2) years. There are also, however, collateral ramifications of a conviction that are not reflected in the statute. In this regard, both the NJDMV and insurers impose state and policy surcharges that can be dramatic. While we cannot recall an incident where one of our clients has been convicted of this offense during our representation, we have been advised by those after the fact that have been subject to a 150% premium surcharge. All of this is the case whether the possession is for less than 50 grams of marijuana or possession with intent to distribute.Brick NJ Possession of CDS in a Motor Vehicle Attorney
It clearly is in your best interests to consult with an attorney experienced in motor vehicle and drug cases if you or your loved one is faced with a summons for possession in a motor vehicle in Manchester, Berkeley, Little Egg Harbor, Point Pleasant, Seaside Heights or another municipality. In this regard, there are many cases where the charge is the result of an improper motor vehicle stop or search, others where the accused only occupied the vehicle and should not have been charged with possession, and cases where our attorneys are successful in having the offense dismissed and/or downgraded for other reasons. The point is that the lawyers at Law Offices of Jonathan F. Marshall will do whatever is necessary to insure you have the best opportunity to escape a conviction. To reach the former municipal prosecutor in as many as 15 Ocean County towns or another lawyer on our defense team, call us at (732) 286-6500.
Law Offices of Jonathan F. Marshall, 10 Allen St #2Dreet, Toms River, NJ 08753, defends clients charged with possession of cds and drugs in a motor vehicle in Jackson, Point Pleasant, Manchester, Lacey, Toms River, Berkeley, Brick Township, Stafford, Manchester, Little Egg Harbor, Seaside Heights and elsewhere in Ocean County.Related Drug & CDS Resources to Assist You
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