Possession of CDS in a Motor Vehicle Lawyers in Hopatcong, NJ
Many drug possession and drug paraphernalia cases in Sussex and Warren County, New Jersey are the result of motor vehicle stops. Perhaps the police stop you for allegedly speeding or reckless driving and somehow you find yourself dealing with a vehicle search and drug charges that you never anticipated. In addition to the underlying criminal offense of possessing a controlled dangerous substance, whether it be marijuana, cocaine, heroin, or prescription pills, there is also a traffic violation that can be issued on a motor vehicle ticket that is separate from any indictable crime or disorderly persons offense. Importantly, the penalty for the traffic summons of possessing drugs in a motor vehicle is a mandatory license suspension. In other words, your license must be suspended for a minimum of 2 years if you are convicted of this violation. If you are charged with possession of a controlled dangerous substance in a motor vehicle in Warren or Sussex County, don’t hesitate to call The Tormey Law Firm and speak with a dedicated criminal defense attorney who can help. We have decades of experience defending clients accused of drug crimes and traffic offenses in municipal and superior courts in Warren and Sussex County, including in Newton, Andover, Frankford, Franklin, Sparta, Hackettstown, Vernon, and Phillipsburg. Contact us today at 973-755-1695 for a free consultation about your drug case.
Possession of CDS in a Motor Vehicle: NJSA 39:4-49.1
New Jersey’s traffic law against possessing a controlled dangerous substance (CDS) in a vehicle is set forth under NJSA 39:4-49.1. This statute explains that 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.
If you are accused of driving a motor vehicle while in possession of drugs in Sussex or Warren County, you are facing a mandatory loss of your driving privileges for a 2-year period. Specifically, NJSA 39:4-49.1 states that “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.” Notably, this mandatory penalty may be accompanied by other serious consequences if you are convicted of a criminal offense for possession of heroin, marijuana, cocaine, Xanax, Ecstasy, or another controlled substance.
Phillipsburg CDS in a Vehicle Attorneys
If you have been arrested for possession of drugs in a car, it is essential to speak with an experienced attorney about the ways you can successfully have these charges dismissed. Obviously, a two-year license suspension can drastically impact your daily life and there is a lot at stake if you are facing a citation for NJSA 39:4-49.1 plus any other drug charges. To speak with an attorney right away about your possession of CDS in a motor vehicle case in Sussex or Warren County, call The Tormey Law Firm now at 973-755-1695. We provide consultations free of charge. You can also contact us online to learn how our team of NJ criminal and traffic defense attorneys can help you fight your charges.