Ewing NJ Possession of CDS in a Motor Vehicle

N.J.S.A. 39:4-49.1 Charge in Ewing Township

Illegal drugs like cocaine and marijuana are referred to as controlled dangerous substances (“CDS”). This label was created by the Controlled Substances Act and covers a long list of drugs including MDMA, LSD and prescription legend drugs. Possession of any form of CDS without a valid prescription results in not only a criminal offense and, when it is in a motor vehicle, a traffic ticket for possession of CDS in a motor vehicle. If you were charged with possession of drugs in Ewing Township, you need to consult a qualified attorney immediately. Our team of skilled lawyers includes multiple former prosecutors and a staff of trial advocates with over a century of experience. An attorney with the knowledge and ability to avoid a conviction for possession of CDS in a motor vehicle in Ewing is ready to help you immediately by calling 609–683–8102 for a free consultation.

Possession of CDS in a Motor Vehicle Offense in Ewing New Jersey

Possession of CDS in a motor vehicle is not a criminal charge but rather a motor vehicle violation. This offense, which is set forth at N.J.S.A. 39:4-49.1, provides that:

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 conviction for violating 39:4-49.1 results in serious penalties that include a license suspension of two years. There is no ability for the court to relax or eliminate this suspension as the two years is mandatory if you are found guilty under this statute. In order for you to be convicted, there prosecutor in Ewing must prove that you: (1) operated a motor vehicle; (2) on a highway; (3) while in knowing possession; and (4) of CDS.

Jurisdiction to Decide Your Charge. Since possession of cds in a motor vehicle is a traffic offense, your summons/ticket for this violation will be heard in Ewing Municipal Court. The related criminal charge for possession will also be heard in this forum if it involves possession of less than 50 grams of marijuana in Ewing or possession of Drug Paraphernalia in Ewing. If you possessed cocaine, MDMA, heroin, GHB or just about any other CDS other than marijuana, your criminal offense will be heard at the Mercer County Superior Court as it is indictable in nature.

Call Our Experienced Ewing NJ Possession of CDS in a Motor Vehicle Attorneys

Contact the team of experienced criminal defense lawyers at The Law Offices of Jonathan F. Marshall today to obtain your free initial consultation. An attorney at the firm will fully discuss your rights and options. You will also learn about our long history of success in Ewing Township. Call 609–683–8102 now to speak to a lawyer on our defense team.

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