Southampton Possession of CDS in a Motor Vehicle Attorney
One of the most serious motor vehicle offenses an individual can face in a Burlington municipal court is possession of CDS in a motor vehicle. The mandatory suspension period that applies if you are found guilty under N.J.S.A. 39:4-49.1 is actually two times that which could be imposed for a first offense for driving while intoxicated. The period of revocation is a full two years and there is no ability to obtain a work or conditional privilege to drive. To make matters that much more worse, the penalties that apply for possession of CDS in a motor vehicle apply on top of any criminal charges you may be facing for possession or distribution of drugs. Our team of criminal attorneys at the Law Offices of Jonathan F. Marshall defend drug charges at the Burlington County Superior Court in Mt. Holly and in every municipal court in the jurisdiction. Whether you are battling a complex possession with intent to distribute case or a basic marijuana possession summons in Pemberton, Bordentown, Southampton or another municipal court, our former prosecutors can provide you with the guidance you need. To discuss your possession of CDS in a motor vehicle charge with a lawyer on our over 100 year experienced defense staff, call us at 856-234-8900 for a free consultation.
Proving An Maple Shade CDS In A Motor Vehicle Offense
There are five (5) things that the prosecutor at the Maple Shade Municipal Court will have to prove in order to convict you of violating N.J.S.A. 39:4-49.1. The five (5) elements he must prove include: (1) that you were the operator of a motor vehicle; (2) on a highway; (3) while knowingly possessing; (4) a controlled dangerous substance or prescription legend drug; and (5) the drugs were on your person or within the vehicle. The first requirement reinforces the fact that only operators of a car, truck or other vehicle are subject to a drug possession in a motor vehicle violation. While police officers often issue this summons to non-operators, there clearly is no legal basis for the charge. Another thing worse mentioning on this subject concerns element (3) which is often the linchpin in 39:4-49.1 cases; namely, proof that the operator was aware of the presence of the CDS/drugs in the vehicle. The police and prosecutor will obviously be more challenged in establishing this element where, for example, the drugs are found on the person of a passenger as opposed to in the console, glove compartment or trunk of the vehicle the accused is operating.
Will My CDS In A Motor Vehicle Offense Merge With My Florence Drug Possession Charge?
New Jersey Law clearly provides that a criminal drug charge and a summons for possession of CDS in a motor vehicles are entirely separate offenses. However, to the extent that the elements of a particular drug possession charge are virtually identical to those under N.J.S.A. 39:4-49.1 excepting involvement of a motor vehicle, it is likely that double jeopardy would bar prosecution on both. There is, however, no New Jersey decision directly on point as yet on this issue.
Can My Riverside CDS In A Motor Vehicle Charge Be Plea Bargained?
Although plea bargaining is outlawed in NJ when it comes to drug charges, that limitation only applies to criminal violations. As such, there is no prohibition to attorneys and prosecutors in Riverside Municipal Court resorting to plea bargaining to dismiss a possession of CDS in a motor vehicle charge simply for purposes of negotiation. This is frequently the case where a prosecutor insists on entry of a plea of guilty to a possession of marijuana offense in return for dismissal of a 39:4-49.1 ticket.
What Are The Penalties For CDS In a Motor Vehicle In Willingboro?
As previously stated, the consequences of a drugs in a motor vehicle violation are stiff. There is a driver’s license suspension of two (2) years that is mandatory. There also monetary penalties that Willingboro Municipal Court may impose including a fine and court costs. There are no points assigned by the Division of Motor Vehicles. The collateral ramifications include the potential for a sizable escalation in insurance rates.
Mount Laurel NJ CDS In A Motor Vehicle Lawyers
Our Mt. Laurel criminal firm has defended literally thousands of N.J.S.A. 39:4-49.1 charges over the last several decades. Jonathan F. Marshall and others on our team have even prosecuted hundreds of these cases, so they clearly know the ins and outs of how to defeat this offense. If you require representation in Burlington, Cinnaminson, Lumberton, Medford or another municipality, an attorney that is highly qualified from our office is available immediately at 856-234-8900.