Almost all the states have identified a list of Controlled Dangerous Substances (CDS). These substances have been illegalized and if you are found using or selling these substances, you are charged in a court of law. In most of the states, there are very serious penalties for committing this crime especially if the substances are found in your car. The life-threatening penalties are granted by the court under those circumstances where they find you guilty of Possession of CDS NJ in your vehicle. Some of the strong defenses to the possession of these substances while driving are provided below.
Always remember that you are not guilty until the court proves otherwise. So, you should never panic just because a police officer has stopped your car and found the dangerous drugs in your car. This is because the prosecution faces a daunting task of proving some of the elements that make you guilty of this crime. You can rest easy knowing that there is a high probability that the court could prove otherwise and discharge you.
One of the most common defenses to this charge is the lack of knowledge on the fact that the illegal drugs were in the car. A person can only be said to be violating this law if they had knowledge that the drugs were in the vehicle. If you were driving another persons car or lack any information on the presence of these substances, then you are not guilty of the offense.
The court can only find you guilty of the offense if the substances were identified while the car was moving. If in any case the drugs are actually discovered in your car but the car was not operational, there is an opportunity for you to prove to the court that you were not driving the vehicle and are innocent of the crime.
Legal possession is another common defense for this charge. You are innocent of this crime if you possess the substances legally. A good example is where the doctor prescribed the substances or you were taking the prescription drugs to a member of your family. It is also important for the prosecution to proof the substance was illegal.
The charge for the possession of these substances only applies where the individual was driving on a public road or highway. Even if the law enforcement officers find the substances in your car but you are driving on a private road, then the court has no option but to drop the case or reduce the penalties.
Under the law, police officers are only allowed to search your vehicle if the court has issued them with a search warrant or in those cases where there is a probable cause to do so. If you are driving and the traffic officer orders you to stop and then conducts a search in your car but they do not have a warrant, the case is usually dismissed by the court. The courts consider this as a breach of the rights of the defendant as provided for under the constitution.
With such powerful tips to guide you when you are charged for possession of illegal drugs while driving, it is easier for you to get a reduced sentence or even have the court dismiss your case. Use a professional to help you.
Always remember that you are not guilty until the court proves otherwise. So, you should never panic just because a police officer has stopped your car and found the dangerous drugs in your car. This is because the prosecution faces a daunting task of proving some of the elements that make you guilty of this crime. You can rest easy knowing that there is a high probability that the court could prove otherwise and discharge you.
One of the most common defenses to this charge is the lack of knowledge on the fact that the illegal drugs were in the car. A person can only be said to be violating this law if they had knowledge that the drugs were in the vehicle. If you were driving another persons car or lack any information on the presence of these substances, then you are not guilty of the offense.
The court can only find you guilty of the offense if the substances were identified while the car was moving. If in any case the drugs are actually discovered in your car but the car was not operational, there is an opportunity for you to prove to the court that you were not driving the vehicle and are innocent of the crime.
Legal possession is another common defense for this charge. You are innocent of this crime if you possess the substances legally. A good example is where the doctor prescribed the substances or you were taking the prescription drugs to a member of your family. It is also important for the prosecution to proof the substance was illegal.
The charge for the possession of these substances only applies where the individual was driving on a public road or highway. Even if the law enforcement officers find the substances in your car but you are driving on a private road, then the court has no option but to drop the case or reduce the penalties.
Under the law, police officers are only allowed to search your vehicle if the court has issued them with a search warrant or in those cases where there is a probable cause to do so. If you are driving and the traffic officer orders you to stop and then conducts a search in your car but they do not have a warrant, the case is usually dismissed by the court. The courts consider this as a breach of the rights of the defendant as provided for under the constitution.
With such powerful tips to guide you when you are charged for possession of illegal drugs while driving, it is easier for you to get a reduced sentence or even have the court dismiss your case. Use a professional to help you.
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