Often, New Jersey heroin possession and possession with intent to distribute charges are accompanied by an offense called possession of CDS in a motor vehicle. Possession of heroin in a motor vehicle is a very serious charge that is entirely separate from the underlying heroin possession offense. Interestingly, the statute governing this charge does not fall under NJ criminal code, but rather under New Jersey traffic law- Title 39. The penalties associated with possession of CDS in a motor vehicle are severe, resulting in fines and a license suspension of up to two years. These consequences are in addition to those resulting from the companion heroin possession or distribution that include jail time, probation, and steep monetary penalties. For all of these reasons it is in your best interest to contact a skilled defense lawyer who will work closely with the prosecution to get your charges downgraded or even dismissed. For more information on how we can assist you in your legal matter, feel free to contact one of our office locations in Toms River, Edison, Jersey City, Mountainside, or Red Bank. Our attorneys are ready to assist you 24/7 at (732) 494-7900.
Possession of Drugs in a Motor Vehicle: N.J.S.A. 39:4-49.1
The following is the statute governing the pssession of Controlled Dangerous Substance (CDS) in a motor vehicle in New Jersey:
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 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 person who violates this section shall be fined not less than $ 50.00 and shall forthwith forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction.
Narcotics in a Motor Vehicle: Penalties and Defenses
As you can see from the above statute, if you or your loved one has been charged with possession of heroin in any type of motor vehicle, you can be charged with possession of CDS in a motor vehicle. You face a two (2) year loss of driving privileges in addition to the underlying criminal charges. At the Law Offices of William A. Proetta we assist clients who face these charges throughout New Jersey including Hackensack, Jersey City, New Brunswick, Toms River, Wall Township, and Trenton. Contact us for a free consultation today at (732) 494-7900 for a free consultation today.