Experienced Attorney defends against marijuana possession in motor vehicle.
What constitutes the offense of possession of marijuana in motor vehicle?
I have been a marijuana possession defense Attorney for approximately 29 years.
Anytime a defendant is in possession of marijuana without first having obtained a medical marijuana license or physician’s prescription, he or she has committed a criminal offense.
However, if that possession is found to have taken place in a motor vehicle, an additional traffic ticket charge is issued for possession in a motor vehicle in violation of N.J.S.A. 39:4-49.1.
What are penalties imposed if I am convicted of possession?
There is a monetary fine of $506.00 plus $33.00 court costs imposed, plus a 2 year disciplinary suspension of your driver’s license in New Jersey.
Can an experienced marijuana possession defense attorney do anything to help me avoid loss of my driver’s license?
Yes. There are defenses to marijuana possession in a motor vehicle that an experienced marijuana possession defense Attorney can successfully employ on your behalf.
I have helped many hundreds of people charged avoid loss of driver’s license for possession of marijuana in a motor vehicle.
The actual Statute is set forth below:
“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 (C.24:21-1, et seq.) or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid 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 IV 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.”
The answer to the question is YES. Forgetting for a moment about the underlying traffic offense for which you were originally signaled to stop, e.g., like speeding for example, you are about to be charged with possession of marijuana under 50 grams in violation of N.J.S.A. 2C:35-10(a)(4), which is a criminal offense, and possession of CDS in a motor vehicle in violation of N.J.S.A. 39:4-49.1, a traffic offense. The two are different offenses charged simultaneously under certain circumstances.
The kicker? 39:4-49.1 MARIJUANA NJ carries with it a two (2) year loss of drivers license, if convicted, which is in addition to a possible suspension of up to six (6) months on the companion criminal charge, bringing your total possible exposure for drivers license suspension to a total of thirty (30) months.
If you’ve been charged with possession of CDS in a motor vehicle, you need to retain a skilled and experienced attorney immediately to downgrade the charges and prevent or limit the duration for which your driving privileges would be suspended.
