Evesham NJ Possession of CDS in a Motor Vehicle Lawyer
Drug Charges Defense Attorney in Burlington County, New Jersey
Under New Jersey law, “CDS” is an abbreviation used to refer to “controlled dangerous substance.” There are a vast array of controlled dangerous substances classified within New Jersey’s Drug Schedule, ranging from Schedule I (marijuana, heroin, and Ecstacy) to Schedule IV (i.e. Xanax and Vicodin) and Schedule V (cough syrup). When you are charged with possession of a controlled dangerous substance, and the charges arise from a motor vehicle search, you may also face additional charges for possession of CDS in a motor vehicle. While typical drug possession is a criminal offense in New Jersey, possession of CDS in a motor vehicle is actually a motor vehicle violation, similar to any other traffic ticket. However, do not let the term “traffic ticket” undermine the severity of this charge. If you are found guilty of possession of CDS in a motor vehicle in New Jersey, you are subject to a mandatory 2-year period of driver’s license suspension, in addition to any other penalties that you may face in connection with criminal drug charges.
Leonard Biddison is a highly experienced criminal and DWI defense attorney who has been successfully representing clients in courts throughout Burlington County, Southern New Jersey, and Pennsylvania for over 20 years. His in-depth knowledge of the law and dedication to protecting his clients has earned him awards and successes in courts from Evesham to Edgewater Park, and Mount Holly to Willingboro. In fact, he was recently named among the Top 10 Attorneys in New Jersey by the American Jurist Institute. For additional information and a cost-free consultation, contact The Law Offices of Leonard Biddison today at 856.427.6888. Mr. Biddison will be happy to discuss your current situation, answer your questions, and outline your available legal options.
Possession of CDS in a Motor Vehicle in New Jersey
As mentioned above, possession of CDS in a motor vehicle, outlined in section N.J.S.A. 39:4-49.1, is a motor vehicle offense rather than a criminal charge in New Jersey. You can be charged with this offense if you are found driving a car in possession of an illegal drug, or in possession of a prescription medication without a valid prescription. Specifically, N.J.S.A. 39:4-49.1 states the following:
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 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.
Notably, a summons for possession of CDS in a motor vehicle can only be issued to the driver of a car, not his or her passengers. In other words, if you are not operating the motor vehicle and you are charged with possession of marijuana, you should not be charged with, or found guilty of, possession of CDS in a motor vehicle. If you are, however, convicted of possession of CDS in a motor vehicle, you will lose your driving privileges for 2 years.
Contact an Edgewater Park NJ CDS in a Vehicle Attorney Today
Attorney Leonard Biddison has achieved countless dismissals in cases involving possession of CDS in a motor vehicle and he will fight tirelessly to achieve the best possible outcome in your case. If you or someone you love has been charged with possession of a controlled dangerous substance in a motor vehicle and/or a drug crime in Burlington County or elsewhere in South Jersey, contact the Law Offices of Leonard Biddison at 856-427-6888 for a free consultation today.