If you’re charged with possession of drugs in your car, you have a variety of remedies available to you. What’s most important in determining how your case is going to proceed is: 1) the amount of drugs found in your car, 2) how the drugs were packaged in your car, whether they were packaged for personal use or packaged for distribution, and another consideration is 3) whether or not you have ever been convicted of a drug offense before. When you’re pulled over or charged with a CDS offense in a motor vehicle, you can not only be charged with the possession of the drugs, the possession of paraphernalia, and distribution, you can also be charged with a separate motor vehicle offense, CDS in a motor vehicle, which falls under the motor vehicle code.
While the possession, distribution, and paraphernalia charges would fall under the New Jersey criminal code, you can also have serious consequences relating to loss of license as a result of the motor vehicle violation. If the amount of drugs for which you are charged is less than 50 grams, you would be looking at up to 6 months in jail and up to a $1,000 fine. If the amount of drugs is more than 50 grams, you’d be looking at up to a $25,000 fine and 1½ years in jail just for the possession. That doesn’t include additional charges for distribution, paraphernalia, etc. You’d also be looking at a loss of license for six months for any of these offenses, at minimum.
You’d also be looking at a two year loss of license if you’re charged with CDS in a motor vehicle. If you’re charged, be very careful that you’re not charged with the 39:4-49.1, which people often overlook because they’re so concerned with the possession charges. That separate motor vehicle charge can have some serious consequences in terms of maintaining employment, etc. If you’re charged, you have to consult with an attorney as soon as possible so you can mitigate what your maximum exposure is.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced criminal defense attorneys throughout the state of New Jersey. Please contact the office for a free initial consultation and get any questions answered regarding your criminal charges or procedures.