Princeton NJ Possession of a Controlled Dangerous Substance (CDS) in a Motor Vehicle Lawyer
With Offices in Pennington and Trenton, New Jersey
Traffic violations and drug crimes converge when a driver is caught in possession of drugs while operating a motor vehicle on a New Jersey highway. The penalties in these cases are severe, with offenders commonly being sentenced to jail and losing their driving privileges for a very long time. Moreover, not only can you be charged with Possession of CDS in a Motor Vehicle if the drugs are on your person; you can be charged with the crime if the drugs are located anywhere in your car.
Kamensky Cohen & Riechelson is a highly respected law firm with a rich tradition of success and more than 40 years of experience in New Jersey. Our skilled lawyers have defended clients against drug charges and traffic violations throughout Mercer County, including West Windsor, Lawrence, and Ewing. We understand that this is the most important thing in your life right now; that’s why we will do whatever it takes to protect your legal rights and help you avoid the most serious penalties for Possession of CDS in a Motor Vehicle. Call KCR today to discuss your charges and begin your defense now.
CDS in Motor Vehicle Violations in Mercer County NJ
Drug Possession by a Motor Vehicle Operator is governed by N.J.S.A. 39:4-49.1. The statute prohibits a person from operating a motor vehicle on a New Jersey highway while knowingly in possession of any controlled dangerous substance (CDS) listed in the NJ Controlled Dangerous Substances Act. Additionally, the law defines “highway” very broadly to include pretty much any public road in New Jersey.
Some of the most common controlled dangerous substances found in vehicles include marijuana, cocaine, and heroin. The law also applies to prescription drugs for which you have not obtained a lawful prescription from a medical practitioner.
Penalties for Possession of CDS on a New Jersey Highway
Anyone who violates this law is subject to a mandatory license suspension for 2 years and a $50 fine. Additionally, you will not be able to obtain a work or hardship license while your driving privileges are suspended.
Additional Charges for Drug Possession in Trenton NJ
Possession of CDS in a Motor Vehicle is often accompanied by more serious drug crime charges. For example, if you are caught with more than 50 grams of marijuana in your vehicle, you will probably also be charged with felony possession of marijuana and face serious prison time.
It might be possible for an attorney to get the CDS in a Motor Vehicle charged merged with the criminal drug possession charge. This kind of plea bargain might allow you to keep your driver’s license.
Defenses to a Motor Vehicle CDS Possession Charge
There are unique legal issues when a person is accused of possessing drugs in a motor vehicle:
- The prosecution must prove that you were actually operating the motor vehicle. If you were merely a passenger in the car, it might be possible to get the charges dismissed.
- The prosecution must also prove that the vehicle was being driven on a New Jersey highway. If your car was parked and the motor was not running when police approached you, it might be possible to get the charges dismissed.
- “Intent” is an element of the offense. As a result, the prosecution must prove that you knew about the drugs. It might be possible to challenge your CDS charge if the drugs were possessed by a passenger in the vehicle.
Contact Hamilton NJ Traffic Ticket Attorneys
The attorneys at Kamensky Cohen & Riechelson are sensitive to clients’ needs outside of the courtroom. That’s why we are available 24-7. Call us anytime to discuss your Possession of CDS in a Motor Vehicle case, or email us to schedule a free consultation at our Trenton or Pennington offices.