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Possession of CDS in a Motor Vehicle | How To Fight Back

marijuana possession nj

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!

Please visit the Areas We Serve & Practice Areas pages for more information.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

Our Practice Areas

Below you will find some but not all of our practice areas. Of course, if you do not see your criminal charges listed, feel free to contact us for a free consultation. We will meet with you to discuss your case & to answer all of your legal concerns. Se habla español tambien!

Areas We Serve

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent criminal lawyers in the Hackensack area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
4.9
Based on 252 reviews
Kyle Haller
Kyle Haller
1713472758
Alan was by far the most effective and professional lawyer i have ever delt with. He is extremely responsive and effective in conversation. It was a pleasure choosing him to defend me and I wouldn’t recommend him to all my family and friends.
neils1205
neils1205
1712948281
Excellent attorney. From my first interaction with him he was meticulous, caring and knowledgeable. He explained the nature of my case, strategy to proceed forward and possible ways to resolve the issue. He was quick to respond to my questions and concerns, and was very encouraging when I expressed doubts about my case. He guided me step by step throughout the process. Apart from being an excellent attorney he is also a great person. He was even-keeled with a wonderful temperament. I highly, highly recommend him.
Hyosang Min
Hyosang Min
1712800200
Alan is a fantastic attorney. His empathy, expertise, and experience really made a distressing process, manageable. He was always reachable and available to answer our questions and guide us through our most recent legal situation. The most reassuring part of working with Alan is that he's literally the lawyer handling your case and communications, unlike other attorneys or large firms where you may get passed around. Bottom line, if you want results, hire Alan!
Mladen Golubovic
Mladen Golubovic
1712432826
Alan is an exceptional attorney. We met with 4 attorneys before we met with Alan and we couldn't believe how patient, humble and knoweldgeable he was. The other 4 lawyers were so arrogant and impatient and they tried to scare us and demanded insane amounts of money. Alan was the opposite. He patiently answered all of our questions and quoted us a reasonable price. We felt so comfortable with Alan that we hired him instantly. My wife said that she felt his compassion and trusted him. Throughout his representation of me, he always reached out to explain each step of the way and what would happen. He held my hand throughout the process and never asked for more money. He resolved my case quickly because it was nonsense to begin with and wwe couldn't be more grateful. I highly recommend him.
Cesar Rondon
Cesar Rondon
1711937007
I had a great experience working with Alan. His communication was clear and timely. I felt well supported throughout the legal process. I am confident in his guidance. I highly recommend Alan for his service.
Nick Ioso
Nick Ioso
1711481892
Amazing lawyer! Very easy to work with & provided exceptional service! Would most definitely recommend Alan to anybody seeking assistance.
Donny Ortiz
Donny Ortiz
1710350929
Highly recommend Mr.Peyrouton. He was very understanding & patient with me throughout the case and overall a great guy. You won’t regret it!
Daniel Vasquez
Daniel Vasquez
1710335361
Mr Peyrouton did an amazing job representing me. From our first encounter until the end of the process. Very easy to talk to, explains everything clear and had my best interest at heart.
Trineya Jernigan
Trineya Jernigan
1709878861
Our Attorney Alan Peyrouton ( P E Y R O U T O N ) was absolutely a blessing from GOD. We were in search for an attorney for my Husband and my mother-in-law came across Alan's website December 15th 2023 . From the first point of contact we were assured that, we were dealing with serious chargers and that He ( Alan ) was going to do everything in his power to make sure my husband gets home to me and his family. Alan was retained after the detention hearing witch meant he had to work extra hard. By all means that's exactly what Alan did, kept strong communication throughout the process, working while everyone else was on vacation for the Christmas and New Years Holidays. Alan spent serval hours with my husband getting to know him as a human being, After the first interaction they had Alan knew that my husband wasn't suppose to be in jail and that he was innocent. Alan wanted justice for us and he proved that at each hearing, representing my Husband with Integrity, Honor and Respect. I am grateful and will forever be appreciative for what he has done for us. We were looking at a 10 year plus sentence witch would have been detrimental to us especially to our kids. Alan was dedicated and consistent with providing professional and genuine representation, because of that he won our case!!!!!!!! Because of Alan my Husband didn't have to do any prison time & will be home with us this year! Thank you for everything you have done for our family, May God continue to Bless you and your family. Thanks again!I recommend Alan to anyone who's in need of the best attorney in New Jersey. Have faith in God & know that Alan will truly fight for you.
Hector Castilloveitia
Hector Castilloveitia
1709832038
Excelente Abogado. Gracias por tus servicios.
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