Hopewell Borough Possession of CDS In A Motor Vehicle Attorney
A surprising number of Hopewell Borough Drug Possession Charges arise out of traffic stops. The typical scenario is a routine motor vehicle stop that leads to discovery of a controlled dangerous substance (CDS) in the motor vehicle. The police officer might notice that one of the vehicle occupants is acting strangely or is exhibiting symptoms commonly associated with consumption of a particular drug, or may notice other indications that a CDS is in the vehicle (e.g., based on smells wafting out of the vehicle as the driver rolls down the window). When drugs are uncovered in this manner, the operator of the car, truck, motorcycle, boat, etc., is typically issued a summons or ticket for possession of a CDS in a motor vehicle. This traffic violation is extremely serious and applies in addition to a related criminal charge for possession of drugs under N.J.S.A. 2C:35-10. If you or someone you love has been charged with possession of CDS in a motor vehicle, it is important to retain an experienced criminal defense attorney to fight the charges. Let the possession of CDS in a motor vehicle defense lawyers at the Law Offices of Jonathan F. Marshall, which include former prosecutors with over 100 years of collective experience, help you. Contact us at 609–683–8102 today for a free initial consultation with a lawyer on our defense team.What is Possession of CDS in a Motor Vehicle?
While possession of a CDS in a motor vehicle is technically a motor vehicle violation it is often charged as a criminal offense because it involves the possession of an illegal street drug or prescription drug without a valid prescription. This offense is codified under N.J.S.A. 39:4-49.1 and involves someone knowingly possessing a CDS in a motor vehicle. The drug in question can be a substance classified in any of Schedules I, II, III, IV or V (such as cocaine, heroin, methamphetamine, steroids or MDMA), marijuana and any of its byproducts (like hash, oil, or hashish), or a prescription drug (for example, Oxycontin, Percocet or Valium). Anyone who is found in a motor vehicle in illegal possession of a CDS will be required to pay a fine of no less than $50 and will lose their driving privileges for a period of two years, on top of facing additional drug possession charges based on the specific drug that was found in the vehicle.
It generally does not matter where in the vehicle the CDS was found by law enforcement. If the drug was found on your person, in your purse, or in your backpack, it can be argued that you had actual possession of the drug. Even if the drug is found in the locked trunk of your car or the bed of your truck, or some place you cannot access while you are driving, it will be argued that you had constructive possession of the drug, i.e., the drug was found in a place where only you had access to it.
If you have been charged with drug possession in a motor vehicle, or any other drug possession charge, it is important that you speak with an experienced drug possession defense attorney as soon as possible. A conviction means that you will not be able to drive for a period of at least two years, which can have a severe negative impact on your life and can make accomplishing day-to-day activities more challenging.Contact An Experienced Drug Possession In A Motor Vehicle Defense Lawyer
Misdemeanor drug charges and traffic violations for possession of CDS in a motor vehicle are heard in Hopewell Borough Municipal Court. It is in your best interest to hire a trial-tested criminal defense attorney to fight a 39:4-49.1 and related criminal charges. The attorneys at the Law Offices of Jonathan F. Marshall are well situated to defend you in this capacity with decades of experience and countless charges like yours having been successfully resolved. Call us anytime 24/7 at 609–683–8102 to speak to a knowledgeable lawyer immediately.