39:4-49.1 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.
A person who violates this section shall
be fined not less than $50.00 and shall forthwith forfeit his right to operate
a motor vehicle for a period of two years from the date of his conviction.
This means a mandatory two year
license suspension with no ability to drive to work, school, etc. It is
important to get this ticket dismissed. It is not subject to Conditional
Discharge. The Judge has no discretion to not suspend your license for two
years if you plead guilty or are found guilty.
You need to have your attorney
either win at trial or negotiate to have this charge dismissed.
Middlesex,
Piscataway,
South Plainfield,
Edison,
Metuchen,
Woodbridge,
Perth Amboy,
Carteret,
Highland Park,
New Brunswick,
North Brunswick,
Milltown,
East Brunswick,
South River,
Sayreville,
South Amboy,
Old Bridge,
Spotswood,
South Brunswick,
Plainsboro,
Cranbury,
Monroe,
Jamesburg,
Monmouth, Union, Somerset,
Mercer, Ocean, Essex, Hunterdon, Burlington, county, NJ, New Jersey
