CDS in a Motor Vehicle Charges 39:4-94.1
CDS in a Motor Vehicle Lawyers in Middletown NJ
Although CDS in a motor vehicle is a traffic offense in New Jersey, the penalties if convicted are equally as devastating as someone who has been convicted of a second offense DWI. As you will see below, anyone convicted of this offense will be facing a mandatory two year loss of license. There is absolutely zero discretion when it comes to not only if the individual’s license will be suspended but for the time period to. This charge almost always goes hand and hand with a possession of marijuana under 50 grams and/or a possession of drug paraphernalia. If you have been arrested and charged with the possession of CDS in a motor vehicle, the possession of marijuana, the possession of drug paraphernalia, the possession of heroin, the possession of cocaine or any other offense for that matter in Monmouth County it is imperative that you speak to a criminal defense lawyer as soon as possible. Any loss of license, let alone a two year loss of license can be absolutely devastating to someone’s life.
The Monmouth County criminal defense lawyers at Proetta & Oliver have been defending clients accused of crimes like possession of cds in a motor vehicle in courts throughout Monmouth County for years now. Our criminal defense lawyers are well aware that for most individuals charged with this type of offense will be dealing with the criminal justice system for the very first time in their lives. As such, we try to make the process as painless as possible. If you would like to come into our Middletown Office and speak to one of the criminal defense attorneys on staff then please contact us at 732-858-6959 or email us. We can go over the specifics of your case and formulate a game plan that works best to suit your needs. We serve all of Monmouth County, including towns Middletown, Holmdel, Tinton Falls, Howell, Aberdeen, Matawan, Long Branch, West Long Branch, Ocean Township, Wall Township, Asbury Park or Neptune.
CDS in a Motor Vehicle Attorneys in Wall Township NJ
NJSA 39:4-49.1 Drug Possession in a Motor Vehicle Charges
Since most individuals who get arrested on drug possession charges like possession of marijuana or possession of heroin are driving when the incident occurs they are more often than not charged with the possession of CDS in a motor vehicle. This offense will be governed by NJSA 39:4-49.1 in New Jersey. The offense covers a situation wherein which it is alleged that someone was caught possessing a controlled dangerous substance (CDS) while they were operating a motor vehicle. It is important to note here the offense is regardless of whether or not the individual was under the influence of a controlled dangerous substance. If that was to be the case, the individual would also be charged with driving under the influence (DUI) as well. Here is what NJSA 39:4-49.1 states in pertinent part,
- 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 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.
What are the Penalties for a Violation of NJSA 39:4-49.1?
Even though NJSA 39:4-94.1 is a traffic offense in New Jersey and not criminal, the penalties if convicted will be devastating. For that simple reason, this charge is traditional used as leverage by the prosecution in order to get someone who is charged with say a possession of marijuana offense to resolve there charges. Pursuant to NJSA 39:4-94.1, “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”. Furthermore, unlike the potential driver’s license suspension that follows all drug convictions in New Jersey, there is no hardship application whatsoever, it is a mandatory two year loss of license.
CDS in a Motor Vehicle Attorneys in Holmdel NJ
Whether you have been charged with CDS in a motor vehicle, possession of marijuana with the intent to distribute, possession of heroin, possession of cocaine or any other drug offense for that matter in Monmouth County, the Law Offices of Proetta & Oliver can help. We are well aware what a loss of license let alone a two year loss of license can do to someone’s life. Our office has been appearing in courts throughout Monmouth County, including towns like Manalapan, Marlboro, Freehold, Lake Como, Belmar, Manasquan, Keyport, Keansburg and Union Beach. To schedule a free initial consultation today with one of our lawyers please contact us at (732)858-6959.