Possession of CDS in a Motor Vehicle is a New Jersey traffic violation that carries with it extraordinarily harsh penalties upon conviction. Most notable, there is a mandatory 2 year loss of license if convicted of violating NJSA 2C:39:4-49.1. I am a Newark NJ lawyer who has successfully defended clients against these charges in the Newark municipal court and the Essex County Superior Court.
Typically, this motor vehicle violation will be issued in conjunction with a criminal complaint for drug possession, distribution, etc., for narcotics such as marijuana, cocaine, heroine, crack, prescription pills, etc.
A common fact pattern in connection with this offense is the following: Driver pulled over by the police for an alleged traffic offense, the police have alleged probable caused to conduct a search and find narcotics on the driver, on passengers in the vehicle, or in a location within the car. The driver/owner of the vehicle is charged accordingly.
Although possession of cds in a motor vehicle is not a criminal offense, the possible penalties imposed certainly make it “feel” like a criminal offense. I have had great success getting these tickets dismissed as part of a plea agreement, or not guilty verdict after trial. In some cases, the tickets may be dismissed after a successful suppression motion.
If you have been arrested and charged with possession of CDS in a motor vehicle, you should contact a lawyer immediately and prior to speaking with police. I am available 24/7 for a free consultation