Drug possession by motor vehicle operator, N.J.S.A. 39:4-49.1

drug possession by motor vehicle operator, CDS possession in motor vehicle, operating with drugs in possession or in motor vehicle, N.J.S.A. 39:4-49.1, marijuana, cocaine, handgun, New JerseyCranford cops charged three men with crimes on New Year’s Day, 2017, per the news. During a car stop, the cops allegedly found cocaine, marijuana, and a handgun in the 2007 Toyota. Consequently, the cops charged the men with various CDS and weapons offenses. Additionally, they charged the driver with careless driving, driving with a suspended license, and drug possession by motor vehicle operator.

The red Camaro had nothing to do with this incident. I posted it because I like it. Click the image to see a full size.

Drug possession by motor vehicle operator

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.

N.J.S.A. 39:4-49.1.

Drug possession by motor vehicle operator, Penalties

Fines: Not less than $50.00
License Suspension: 2 years from the date of conviction

Drug possession by motor vehicle operator, Definitions

Person includes natural persons, firms, copartnerships, associations, and corporations.

Vehicle means every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.

Motor vehicle includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.

Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

New Jersey Traffic Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases involving operating with drugs in possession or in motor vehicle. Call Now—(856) 812-0321.