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NJ Possession Of CDS In A Motor Vehicle | Dismissed

Operating a motor vehicle while in possession of CDS is a common charge. If you’ve been charged with 39:4-49.1, then you’re probably facing drug possession charges too. This article will explain how we fight to get your drug charges dismissed.

N.J.S.A. 39:4-49.1 Possession of CDS (controlled dangerous substance) in a motor vehicle

Misdemeanor convictions get in the way of many people’s lives.
In the world of crime, a Misdemeanor is a minor offense & a Felony is serious. Many cases start out as felonies but end up as a lesser charge.
For more on felony convictions, try reading: NJ Felony (Indictable) Charges: 5 Steps To Start Fighting Back

NJ Drug lawyer

CDS Possession Penalties

N.J.S.A. 39:4-49.1 imposes strict penalties for CDS possession in a motor vehicle. You are facing a mandatory 2-year suspension of driving privileges.
Please know that New Jersey does not have “conditional driver’s licenses”.
This means that if your license is suspended, you can’t get special permission to drive for work.
As a result, a conviction under 39:4-49.1 (operating a vehicle while possessing a CDS) is one of the most serious traffic offenses in NJ.

Legal Defenses For CDS In A Motor Vehicle

Before we discuss how to dismiss your charges, let’s talk about your best legal defense to this charge.
As you know, the prosecutor has to prove the government’s case against you.
This means that the prosecutor has to prove that you had “knowledge” of the drugs in your car.
There are many reasons to explain that you had “no knowledge” of any drugs in your car.
For example, have you ever given a ride to someone?

Dismissing CDS In A Motor Vehicle

As discussed above, you probably have Marijuana (CDS) Possession charges in addition to this ticket.
It doesn’t matter if you had a joint, baggie, or bong. All of these things are enough to get charged with CDS Possession in NJ.
As criminal defense lawyers, we use a concept called “merger” to get your charges dismissed.
For example, if you’re facing criminal drug possession charges, we argue that the traffic violation for operating a motor vehicle while having CDS is basically the same thing. As a result, we file a motion to dismiss this charge.

Final Thoughts

If you’ve been charged with Operating A Motor Vehicle While in Possession of CDS in New Jersey, you need a criminal defense attorney.
As discussed, you have many options.
It is important to find a lawyer who understands how to navigate the criminal system.
Since it’s such an important decision, take the time to find the right criminal lawyer who can help you.
Once you’ve found a few lawyers you’d like to meet, check to see if they have any client reviews.

At our firm, before a client hires us, we always encourage them to visit our Client Reviews.
Take advantage of free consultations and see how that lawyer makes you feel. When you trust your gut, you never go wrong.
Choosing the criminal defense attorney that is right for you is an important decision.
So take your time and choose wisely.
If you need more information about your criminal case, here’s a great article to help you get answers:
New Jersey’s Criminal Process: Everything You Need To Know

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About the Author

Attorney Alan G. Peyrouton

Attorney At Law

Mr. Peyrouton is a Criminal Defense Attorney located in Hackensak, NJ.

His articles in the areas of Criminal Law have been published in The New Jersey Law Journal.

He is a distinguished author, trial attorney, and has had the privilege of arguing before the New Jersey Supreme Court.

Prior to becoming an attorney, Mr. Peyrouton was a world-class, competitive tennis player.

He is perfectly fluent in Spanish.