Here in the Garden State, possession of marijuana in a motor vehicle (by a driver) is subject to stiff penalties if one is stopped by the police and charged with same. In terms of strict "possession," if a traffic stop reveals that a driver has pot inside his vehicle, a summons for possession will likely be forthcoming. As New Jersey DWI and drug DUI defense lawyers, my colleagues and I are prepared to defend individuals accused of impaired driving, as well as simply having drugs on one's person during a police stop.
In addition to defending motorists hit with a drug charge following a traffic stop on the parkway, interstate or in town, my legal team is skilled in handling traffic tickets issued for drug possession, including those for weed and other illegal or controlled dangerous substance (CDS). According to the New Jersey legal statutes -- specifically N.J.S.A. 39:4-49.1 -- the law prohibits any individual from driving a car, truck or motorcycle while knowingly being in possession of marijuana, cocaine, meth or other CDS. That said, it needs to be explained that this particular law is solely focused on the driver and not the passenger of a motor vehicle.
When attempting to prove such a violation, a municipal prosecutor is obliged to establish several key facts in order to win his case against a defendant. First, the state must prove that the accused was in control, or otherwise operating a motor vehicle. Second, a police officer must have found the weed or other drug on the driver's person. Finally, it must be proved that the motorist "knowingly" possessed the illegal substance. A skilled attorney can sometimes find fault with the state's case if the operator of the vehicle was not within what the law describes as "wingspan" of the physical control of the pot or other CDS. One common situation is when the substance was on the person of another occupant of the vehicle.