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MUNICIPAL COURT
PAGE
INDEX
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DMV Points
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Fines & Penalties
(when Court is
Mandatory)
- Fines & Penalties
(when Court is Not
Mandatory)
- DWI / DUI /
Refusal
-
Underage DWI
- Open Container in MV
- Driving Under
Influence of Drugs
- Driving While in
Possession of Drugs
- Driving While License
Suspended
- Uninsured Driver
- Reckless
Driving
- Careless
Driving
- Disorderly Conduct
- Speeding in 65 mph
- "Hit &
Run"
- Assault
- Biography
Home
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Control Law
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ABC Quiz
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Compliance Checks
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Municipal Court
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DWI / DUI
- All Traffic Violations
- DMV Points & Fines
- Drugs in a MV
- Disorderly Persons
Personal Injury
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Car
Accidents
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Entertainment Law
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Music and
Bands
- Licensing
- Agents / Managers
Real
Estate
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Residential
- Commercial |
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Driving While in Possession or Under the Influence of Drugs
Being convicted
of operating an automobile while in possession of, and while under the
influence of, "drugs" can be one of the most serious motor
vehicle offenses on the books. "Drugs", as used in this
context, include those listed in N.J.S.A.
39:4-50(a)(3).
If charged with operating an automobile while under the influence of
drugs, as defined above, you can be convicted of New Jersey's DWI
Statute, 39:4-50, and subject to all of its severe
penalties.
You may also face severe Criminal charges stemming from having
"drugs" or "controlled dangerous substances" (CDS) in
your motor vehicle. Also, you could be charged with the
following Disorderly Person Offenses in Municipal Court:
If convicted of any of these offenses, the court can fine you up to $1,000
and /or put you in jail for up to six months.
Further, the court must suspend your driver's license
for a time period between six months and two years. In
addition, you may receive probation for up to two years, drug counseling,
periodic urine testing, alcohol and /or psychiatric counseling and
community service.
Notwithstanding all of the above potential charges, you
may also be charged with N.J.S.A. 39:4-49.1 (See below) which carries a two
year drivers license suspension if convicted.
Drug-related statutes
39:4-49.1. Operating with drugs in possession or in motor vehicle;
penalty:
No person shall operate a motor vehicle on any highway while knowingly having in his
possession or in the motor vehicle on any highway 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 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 duty
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 2 years from the date of his conviction.
39:4-49.2. Section inapplicable to certain persons.
The provisions of section 1 [39:4-49.1] of this act shall not apply to a duly licensed
physician, dentist, registered pharmacist, veterinarian, nurse, podiatrist, intern or
resident physician of a hospital, sanitarium or other medical institution; or to a
hospital, sanitarium, clinical laboratory or any other medical institution; or to a state
or governmental agency; or to any manufacturer, wholesaler, retailer or regular dealer in
drugs.
39:4-49.3. Additional exceptions.
The provisions of section 1 [39:4-49.1] of this act shall not apply to common carriers or
to warehousemen while engaged in lawfully transporting or storing such drugs or to any
employee of the same acting within the scope of his employment; or to public officers or
employees in the performance of their official duties requiring possession or control of
these drugs; or to temporary incidental possession by employees or agents of persons
lawfully entitled to possession; or to persons whose possession is for the purpose of
aiding public officers in performing their official duties.
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