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Possession of CDS in a Motor Vehicle

Lacey Township NJ Possession of Drugs in a Motor Vehicle Lawyers

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
What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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