Possession in a Motor Vehicle
When marijuana is found in a car, a summons for possession in a motor vehicle is typically issued. If you or a loved one has been charged with this offense, the attorneys at Marshall, Bonus, Proetta & Oliver are ready to defend you. Every lawyer at our firm has many years experience of defending drug charges and traffic offenses, including tickets for possessing marijuana in a car. We are available to assist you 24/7 at 1-877-450-8301, so do not delay in contacting us.
Law Governing Possession in a Car – N.J.S.A. 39:4-49.1
N.J.S.A. 39:4-49.1 prohibits any person from operating a motor vehicle while knowingly in possession of marijuana. It should be emphasized that this law is directed at operators and does not apply to a passenger of a vehicle. In order to prove a violation of N.J.S.A. 39:4-49.1, the state must establish: (1) operation of a motor vehicle by the accused; (2) the presence of marijuana on the person of the operator or in the vehicle; and (3) that the operator knowingly possessed the marijuana. An operator possesses a good argument against conviction under the statute if he is not within wingspan of physically controlling the marijuana. A good example for this is where the marijuana is on the person of a passenger.
Penalties for Driving in Possession of Marijuana
The primary and most significant penalty under N.J.S.A. 39:4-49.1 is a mandatory two (2) year license suspension. The two year suspension for possessing marijuana in a motor vehicle is a total bar from driving and there is no provision under the law for a work license, conditional drivers license, or anything short of an absolute suspension. There are also fines, assessments and motor vehicle surcharges that flow from a conviction. Our attorneys are almost always successful, however, in avoiding conviction on this offense so it would be foolish to simply plead guilty to driving a car while in possession of marijuana.
A lawyer from our defense firm is available immediately to address your questions and concerns regarding operating while in possession of marijuana. You deserve the best chance of avoiding the two year drivers license suspension provided for under the law. Contact us today and take advantage of the opportunity of speaking to an attorney from our office. Our lawyers are accessible 24/7 and would be happy to assist you.