N.J.S.A. 39:4-49.1 prohibits a person from operating a motor vehicle while knowingly possessing any controlled dangerous substance (CDS); these substances can include marijuana, cocaine, heroin, and prescription drugs such as Oxycontin and Xanax (when not in a prescription bottle). The act of possessing illegal drugs violates both New Jersey Criminal law and New Jersey Motor Vehicle law resulting in defendants facing criminal and traffic consequences. If charged and convicted you face a mandatory two year license suspension and will not be eligible to apply for a working/provisional license during your suspension period. Other penalties associated with this violation are hefty fines and surcharges.
In order to prove the charge of driving while in possession of a controlled substance, the state must:Operation of a Motor Vehicle While in Possession of CDS
•Establish operation of a motor vehicle by the accused
•Prove the presence of CDS on the person of the operator or in the vehicle
•Provide evidence that the operator knowingly possessed the CDS
William C. Miller, Esq. has handled many cases of possession of CDS in a motor vehicle in New Jersey. In cases where there are traffic and criminal charges many prosecutors will not object to a conditional dismissal if the defendant can successfully complete a diversionary program. If there is no companion criminal charge associated with this violation, it may be resolved by way of plea, trial or dismissal.
Call William C. Miller, Esq. today for a free consultation to discuss your options and save your rights and driving privileges 732-742-5556.