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Possession of CDS in a Motor Vehicle

The Law Offices of Leon Matchin, LLC has been representing those charged with possession for more than ten years.  Possession of CDS in a motor vehicle (N.J.S.A. 39:4-49.1) prohibits a person from operating a motor vehicle while knowingly possessing any controlled dangerous substance.  A controlled dangerous substance can include marijuana, cocaine, heroin, and prescription drugs such as Oxycontin and Xanax (when not in a prescription bottle).  If you have been charged with possession of CDS while operating a motor vehicle and are convicted you face a mandatory two (2) year license suspension.  You will not be eligible to apply for a working/provisional license during your suspension period.  Other penalties associated with this traffic violation are steep fines and surcharges; these penalties are often in addition to a criminal charge of possession which carries its own consequences.

In order to prove the charge of driving while in possession of a controlled substance, the state must:

  • Establish operation of a motor vehicle by the accused
  • Prove the presence of CDS on the person of the operator or in the vehicle
  • Ascertain that the operator knowingly possessed the CDS

 

Defense for Possession of Drugs

The Law Offices of Leon Matchin, LLC has handled many cases of possession of CDS in a motor vehicle throughout Northern New Jersey.  Our goal is always to protect the rights and driving privileges of our clients by way of a dismissal.  Most prosecutors will not object to a conditional dismissal or delay in prosecution of this traffic offense in contemplation of dismissal if the defendant can successfully complete a diversionary program such as conditional discharge on the companion criminal drug charges.  If there is no companion criminal charge associated with this violation, it may be resolved by way of plea, trial or dismissal.

If a dismissal is unattainable then consideration should be given to resolving this charge by way of merging into the criminal offense or even dismissing it as part of a plea agreement. Call The Law Offices of Leon Matchin, LLC today for a free consultation to discuss your options. (732) 662-7658.