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Mercer County

Criminal Defense Lawyers
  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
  • Former County & Municipal Prosecutors
  • Decades of Case Success Stories

Robbinsville Possession of CDS in a Motor Vehicle Lawyer

New Jersey law strictly prohibits any motor vehicle operator from knowingly possessing a dangerous controlled substance (“cds”). Under this law, an individual stopped in Robbinsville while operating a motor vehicle while in possession of marijuana, cocaine or other drugs runs the risk of being charged with with one of the most serious traffic offenses in the state. A routine traffic stop that turns in this direction exposes a motorist to a motor vehicle violation that carries a license suspension for years. To complicate matters more, they are overwhelmingly also charged with a criminal offense for drug possession in Robbinsville. If you had the misfortune of being charged in Robbinsville Township with possession of cds in a motor vehicle, contacting an experienced criminal lawyer is definitely in your best interests.

The Law Offices of Jonathan F. Marshall has a team of defense attorneys that is highly qualified to represent you in Robbinsville Municipal Court. Our team of lawyers includes several former prosecutors and other veteran litigators who have been defending charges like yours for over 100 years collectively. We are prepared to create a strong defense that will help you achieve the best possible outcome. Do not risk your future to an attorney with limited experience — call our office for the level of service you deserve. A lawyer is available to assist you 24/7 in a free consultation at 609–683–8102.

Possession of CDS in a Motor Vehicle Charge in Robbinsville New Jersey

A ticket or summons for possession of cds in a motor vehicle is written in accordance with N.J.S.A. 39:4-49.1. This law imposes a two year driver’s license suspension that is mandatory whenever someone is convicted of violating this statute. Despite the severity of the punishment, the charge does not represent a criminal offense but rather a traffic violation under Title 39. It applies to all cds and drugs possessed illegally including, but are not limited to, marijuana, cocaine, heroin, MDMA, LSD and prescription legend drugs.

Elements of Offense. In order to prove a 39:4-49.1 offense, the prosecutor must establish that: (1) you were the operator of a motor vehicle; (2) on a highway; (3) while in possession of cds; and (4) the drugs were located on the person of the operator or within the vehicle.

Penalties. There is no maximum fine set forth by law for this charge and the mandatory license suspension is two years. The penalties apply on top of those for possession or distribution of cds that may apply.

Merger Does Not Apply. Although it is common for prosecutors to grant merger of a possession of cds in a motor vehicle with a criminal possession of cds offense under 2C:35-10, our courts have concluded that these are separate violations and that there is no obligation to merge the two.

Robbinsville NJ Possession of CDS in a Motor Vehicle Defense Attorney

The attorneys at the Law Offices of Jonathan F. Marshall have decades of experience successfully defending our clients charged with traffic and drug related offenses.  We are often able to have offenses in Robbinsville NJ downgraded or dismissed entirely.  If you were charged with possession of cds in a motor vehicle, a lawyer on our team is ready to assist you. Contact us today at 609–683–8102 to speak to an attorney on our team anytime 24/7.

 

103 Carnegie Center, Suite 300 Princeton NJ 08540
By appointment only

3150 Brunswick Pike, Suite 300, Lawrenceville, NJ 08648

100 Horizon Center Blvd., Hamilton, NJ 08691
By appointment only

We serve clients throughout Mercer County, New Jersey — including Trenton, Hamilton, Princeton Borough, West Windsor, East Windsor, Lawrence Township, Robbinsville, Hightstown, Princeton Township, Ewing and Hopewell — and surrounding areas, including Hunterdon County and Burlington County.

If you have been charged with a crime in Mercer County, New Jersey, it is in your interests to talk to an experienced criminal defense lawyer as soon as possible. For a free consultation, you can call our firm 24 hours a day, seven days a week.

The information you obtain at this site is not, nor is it intended to be, legal advice. This web site is designed for general information only. You should consult an attorney for advice regarding your specific situation. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.