CDS in a Motor Vehicle Ticket N.J.S.A. 39:4-49.1 Dismissed

“Wrong place at the wrong time.” Whether we are acting ignorant of the obvious situation or were honestly unaware of what was occurring, it is not uncommon for police execute an arrest on, or issue tickets, to innocent bystanders based on mere location to a criminal act. When this happens, it can be difficult to convince either the officer or eventually the judge, that you were not involved in what occurred. Moreover, with the “presumptions” inherent in our law, the court can find you guilty in some situations based solely on your proximity to the alleged criminal offense, regardless if you actual knew about the drugs, guns, or other criminal act. If this has happened to you, do not let the criminal justice system confuse and coerce you into a guilty plea.

Contact New Jersey criminal and traffic attorneys to find out what can be done about your pending criminal and traffic offense today. For your free initial consultation, call 1-800-509-3333.

CDS in a Motor Vehicle Ticket Dismissed N.J.S.A. 39:4-49.1

Recently, I appeared at a Bergen County Municipal court on behalf of a client who was charged with Possessing a CDS in a Motor Vehicle, in violation of N.J.S.A. 39:4-49.1 along with multiple other traffic violations. The circumstances involved a third party who was in possession of drugs while riding in my client’s car. After my client committed a motor vehicle offense, the officers, noting suspicious behavior, asked to search the car and eventually found drugs in the third party’s purse. However, there were precarious circumstances surrounding the search and a motion to suppress the drugs found was filed. For my client, the judge eventually dismissed a the charge for CDS in a Motor Vehicle and amended the other point violations to no-point violations. My client as able to keep his license and avoiding all of the fines and points associated with the other tickets.

License Suspension for Possessing a CDS in a Motor Vehicle in New Jersey

If you are convicted of possessing a Controlled Dangerous Substance like Marijuana, Cocaine, Heroin, etc., in your motor vehicle, the just MUST suspend your license for TWO (2) YEARS.

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.

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