Possession of CDS in a motor vehicle is typically a companion charge to marijuana possession.
Put another way, if you’ve been charged with 39:4-49.1, then you’re probably facing drug possession charges too. This article will discuss legal strategies to these charges.
Possession of CDS in a motor vehicle (N.J.S.A. 39:4-49.1)
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 near you 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!
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