Operating a Vehicle While in Possession of CDS in New Jersey

If you find yourself facing charges related to possession of controlled dangerous substances (CDS) in a motor vehicle, you need practical, aggressive legal representation to avoid serious consequences. Potential penalties for a conviction include fines and the loss of driving privileges. Hiring an experienced New Jersey criminal defense lawyer can fight to reduce these charges and their penalties.

The Law Office of Jason A. Volet has over 15 years of experience successfully helping individuals facing drug possession charges in New Jersey. As a former prosecutor, attorney Jason A. Volet brings a unique perspective and practical strategies to every case. Our dedicated team is ready to guide and support you with personalized attention and tailored defense strategies. Contact the Law Office of Jason A. Volet today for your free consultation.

What Drugs Are Considered Controlled Dangerous Substances (CDS)?

The New Jersey Controlled Dangerous Substances Act classifies drugs by their potential for abuse, medical applications, and overall risk to public health. Controlled dangerous substances (CDS) fall into one of five classifications:

• Schedule I: These substances, which have the highest potential for abuse and no medical applications, include ecstasy, heroin, and LSD.
• Schedule II: Drugs in this classification have a high potential for abuse and limited medical applications and include cocaine, methamphetamine, oxycodone, and fentanyl.
• Schedule III: Schedule III drugs have more accepted medical applications, although with a moderate risk of addiction, and include products containing less than 90 milligrams of codeine per dosage unit (such as Tylenol with codeine) and anabolic steroids.
• Schedule IV: Substances in this classification have a lower potential for abuse compared to Schedule III drugs and increased medical uses, such as Ativan, Valium, and Xanax.
• Schedule V: Schedule V drugs have the lowest potential for abuse among controlled substances and are common in medical treatment, such as cough syrup with less than 200 milligrams of codeine per 100 grams.

Is It Illegal to Operate a Vehicle While in Possession of a CDS?

New Jersey law prohibits the operation of a vehicle while possessing CDS. A conviction for operating a vehicle while possessing CDS can have significant consequences, including license suspension. However, prosecutors must prove that the driver knew the CDS was in the vehicle to secure a conviction. They must also show that it was the driver, rather than a passenger, who possessed the illegal drug.

Are there Exceptions to Possessing a CDS While Operating a Vehicle?

New Jersey law allows limited exceptions to possessing CDS while operating a vehicle. For instance, a person may avoid charges or a conviction if they have a valid written prescription for the substances found on their person or in their car. However, certain conditions must apply:

• The medication must be prescribed to the arrestee, not anyone else.
• The dosage must not impair driving abilities when taken as directed.
• The prescription must be valid, in writing, and include the prescriber’s signature.

Remember that it is illegal to possess prescription medicine not prescribed to you for a diagnosed medical condition.

What If My Car Was Parked When the CDS Was Discovered?

You could still face charges even if your car is parked when law enforcement officers discover CDS in your vehicle. Under the law, a person may be arrested for possession of CDS while driving, even if parked at the time of discovery. In such a situation, prosecutors may argue that the offender operated the vehicle before parking.

What If the CDS Belongs to the Passenger and Not the Driver?

In some cases, the discovery of CDS in a vehicle can lead to charges against a passenger rather than the driver if the passenger has the drugs. A driver may escape charges if they were unaware that the CDS were in the car at the time. For instance, if the drugs were out of sight in the passenger’s pocket, the driver might deny knowing they were there – which could be a successful defense.

A skilled criminal defense lawyer will have experience handling these charges and can craft a defense strategy tailored to the specific facts of your case.

What Are the Penalties for Operating a Vehicle While in Possession of a CDS?

Penalties for operating a vehicle while possessing a CDS vary depending on several factors. Different substances and varying quantities could result in different penalties. Previous convictions for similar offenses can increase the severity of penalties. The presence of additional charges, such as possession of narcotics, can also compound the legal consequences.

Operating a vehicle while in possession of a CDS is a motor vehicle offense in New Jersey, not a criminal offense. Despite this classification, the consequences of a conviction are substantial and include a mandatory two-year license suspension. Beyond that, individuals may face additional penalties from other charges, such as:

• Fines: Monetary fines may apply, with the amount varying depending on the nature of the offense.
• Drug education programs: The court may require individuals to participate in a drug education program.
• Imprisonment: Jail or prison time may be a potential penalty for more severe or repeated violations.

Contact a New Jersey Criminal Defense Lawyer

If you face charges for operating a vehicle while possessing CDS in New Jersey, get experienced legal help immediately. At the Law Office of Jason A. Volet, we have a wealth of criminal defense experience and a proven record of success in various criminal cases. Attorney Jason A. Volet is a New Jersey Supreme Court-certified criminal trial attorney and former criminal prosecutor. His insight and experience make him a skilled negotiator and litigator for your defense.

Don’t risk losing your driving privileges and other liberties due to a conviction for operating a vehicle while possessing CDS. Contact the Law Office of Jason A. Volet today for a free and confidential consultation with a New Jersey criminal defense lawyer and learn more about your legal options.

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