Although driving under the influence (DUI) involving alcohol or driving under the influence of drugs (DUID) are widely known driving offenses, many are surprised to learn that simply having drugs, also known as controlled dangerous substances (CDS), in a Motor vehicle carries even more substantial penalties than a first DUI offense in New Jersey.
Most drivers do not realize the substantial penalties they will face if they are found to be in possession of drugs in the motor vehicle. Even more worrying, if one of the passengers in a car is found to be in possession of CDS, it will be the driver who will be charged with possession of CDS in a motor vehicle. In New Jersey, the penalties for CDS in a motor vehicle are severe. The driver is subject to loss of license for a period of 2 years in addition to other possible penalties. Charges for controlled dangerous substances in a car can result not only from possession of marijuana, heroin, ecstasy, methamphetamine, and other recreational drugs, but also from prescription drugs such as Oxycontin, Percocet, Roxycontin, Xanax, Adderall, Suboxone, Ritalin, Valium and other narcotics if they are not in the prescription container that contains the name of the occupant in whose possession they are discovered.
Juveniles are often surprised by this law when they are arrested for a misdemeanor and drugs are discovered on the person of a casual acquaintance whom they are simply taking a walk. It is also common for young people to learn, during a routine traffic stop, that an old friend in his car has started experimenting with drugs and has some on him.
When facing CDS charges on a motor vehicle, it is critical to know what the state can and cannot prove. In New Jersey, the state must prove the following four items: (1) the driver was operating the motor vehicle; (2) the vehicle’s operation was on a highway; (3) the driver knew the CDS were in the vehicle; and (4) the CDS are on the driver’s person or inside the vehicle.
If the state cannot prove each of these items, it must prevail. Always remember that the prosecution has the burden of proving the case against you. Police officers make mistakes in their reports, conduct illegal searches, and lose tests or lab results. If you are charged with drugs in a motor vehicle, do not assume that you will lose the case.