Drug Possession Defense Attorney | Toms River, NJ

In New Jersey, you can be charged with drug possession in a vehicle, if you are found to have controlled, dangerous substances in your possession. You can be accused of this crime, generally a motor vehicle offense, whether you are a driver or passenger. However, if you are the driver of a car, you could face additional charges with severe consequences. Any substance that is considered illegal in the eyes of the law qualifies as a CDS (controlled, dangerous substance). Examples of drugs that can draw this charge include crystal meth, cocaine, marijuana, MDMA, and Molly. Some controlled prescription medications also qualify as CDS, if you do not have a valid prescription for them. Penalties, fines, and consequences of being convicted of this crime are harsh. The right legal representation can provide you with a defense that increases your odds of being found not guilty.

Penalties for Drug Possession in a Motor Vehicle

The sanctions associated with drug possession in a motor vehicle are severe in New Jersey, which is why it's important to have a proper defense if you are charged with this crime. Penalties for this offense are outlined in state statute NJSA 39:4-49:1. Under this law, you can be charged with this crime if you or any passenger in your car or truck has a CDS less than 50mg in their possession or the vehicle. Any illegal substance over 50mg draws much harsher consequences. Usually, you will incur hefty fines and a 2-year license suspension as well. The state statute prohibits hardship applications, which means you can guarantee you will lose your license for at least two years if convicted of this crime. Since hardship applications are not accepted for any reason, there is no way around a license suspension if found guilty. However, the state must prove five facts before you can be convicted. For this reason alone, it is important to have the right representation to give you the advantage in the courtroom.

Burden of Proof in Drug Cases

New Jersey's State Burden of Proof in Drug Possession in a Motor Vehicle Cases

When you are charged with drug possession in a vehicle in New Jersey, the burden of proof is the state's responsibility. Specifically, the state must prove 5 facts to earn a conviction.

  1. Accused was operating the vehicle
  2. Vehicle was on a public highway
  3. Person was knowingly in the possession of CDS
  4. Must prove the accused did not have a valid prescription for a controlled substance
  5. Substance was found on driver, any passengers, or in the vehicle (with driver's knowledge)

Drug Possession Defense

For the state to be successful, they have to prove all five facts. If a defense attorney can show any of the following, the case may be dismissed.
  1. Vehicle was not on a public highway
  2. Driver was unaware or didn't procure the illegal substance
  3. The greater the proximity of the illegal substances from the driver the better the chances of the case being dismissed

If you've been charged with drug possession in a motor vehicle, you need well-practiced legal presentation. Mr. Daniel Berger, ESQ., has over 20 years' experience defending these types of cases. For a free consultation, day or night, call 1-918-814-2466.