Hamilton Possession of CDS in a Motor Vehicle Lawyer
A traffic summons is issued in Hamilton New Jersey whenever an operator of a motor vehicle is found in possession of a controlled dangerous substance (“CDS”). This violation is commonly referred to as possession of cds in a motor vehicle and carries some of the most severe penalties set forth in the New Jersey Motor Vehicle Code. If you were charged with this offense and are convicted, you face years of suspension for even a first offense. The situation gets much worse for a second or subsequent violation. A lawyer at the Law Offices of Jonathan F. Marshall can help you avoid the pitfalls of this charge. Our team has over a century of experience handling possession of cds in a motor vehicle offenses in Hamilton Township and our traffic record of success is extensive. An attorney would be more than happy to discuss what we can do to assist you in a free consultation by contact our Hamilton NJ Office. Lawyers are ready to assist you immediately at 609–683–8102.Hamilton NJ Possession of CDS in a Motor Vehicle Offense
In accordance with N.J.S.A. 39:4-49.1, it it is illegal to “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”. A traffic ticket issued under this law is almost always accompanied by a disorderly persons offense or indictable crime charging the accused with criminal possession of marijuana, cocaine, prescription drugs, MDMA, heroin or another form of cds too.
Having a controlled substance in a motor vehicle in Hamilton means that you knowingly had control of a drug while operating a motor vehicle in the municipality. To be guilty of the charge, the prosecutor must establish that:
- You were the operator of a motor vehicle;
- On a highway;
- While knowingly in possession of CDS or prescription legend drugs; and
- That were located on the accused or in the car
Conviction under 39:4-49.1 has carries harsh penalties in Hamilton Municipal Court. If found guilty of violating the statute, a person faces a mandatory license suspension for two years for a first offense. They also face other criminal charges associated with having drugs on them or in their vehicle.
Hamilton Township Possession of CDS in a Motor Vehicle Defense Attorney
At The Offices of Jonathan F. Marshall, our lawyers appreciate just how terrifying a two year license suspension can be for someone arrested on drug charges and possession of cds in a motor vehicle. The truth is, however, that an attorney at our firm can escape a conviction under 39:4-49.1 in a much higher percentage of cases than you probably anticipate. To speak to a lawyer at the firm, call us at 609–683–8102 for a free review of the facts and charges you are facing.