Possession of CDS
If you have been arrested for possession of CDS in a motor vehicle it is important to contact an attorney. Possession of CDS in a motor vehicle carries a mandatory 2 year loss of license. This means the judge has no discretion to waive the penalty. In addition to the loss of license there is a minimum fine of $50.
In order to be convicted of possession of CDs in a motor vehicle the state must prove beyond a reasonable doubt that the accused:
Operating a motor vehicle
On a highway (public road)
While in knowing possession
Of a CDS or prescription pills without a prescription
That CDS was located on the person of the driver or within the vehicle.
Two important aspects of the statute to note are that this statute cannot be violated when the car is parked, it must be driven. However, the State may try to argue that the marijuana was in the car while it was being driven earlier. A second important feature of this statute it applies only the drivers of the vehicle. If a passenger is charged with this offense, the charge will often be dismissed.
A possible defense the accused may have is that they were unaware the CDS was in the motor vehicle. The greater the distance from the driver the more likely this defense is to succeed.
Another possible defense is that you were driving on a private road. For example, you were driving on private property you may be able to have the charges dropped or reduced.
Our law firm has the experience and knowledge that your case deserves. Each Client gets an individualized consultation based on the specific facts of their case. To schedule your free and confidential consultation with our law offices today, contact us online or by phone now. If you are unable to travel to our location during business hours, we offer weekend and after-hours appointments as well, and we are able to travel to your location when necessary.
39:4-49.1. 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.
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.
L. 1964, c. 289, s. 1. Amended by L. 1985, c. 239, s. 1, eff. July 17, 1985.