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NJ License Suspension for Possession or Use of a Controlled Dangerous Substance

NJ License Suspension for Possession or Use of a Controlled Dangerous Substance

Getting caught with drugs in New Jersey can lead to some pretty serious consequences, especially when it comes to your driving privileges. If you’re found to be in possession of or using certain illegal drugs, your license can be suspended for up to 2 years under New Jersey law. I know, it sucks and it’s a huge pain to deal with. But them’s the rules in NJ so you gotta know what you’re up against if you end up in this situation.

How Drug Charges Trigger a License Suspension

In New Jersey, your driver’s license will be suspended if you’re convicted of any drug offense under NJSA 39:4-49.1. This includes charges like:

  • Possession of a controlled dangerous substance (CDS)
  • Possession with intent to distribute
  • Distribution/manufacturing/sale of CDS
  • Obtaining CDS by fraud

It doesn’t matter if you were driving or not when you got arrested. Simply being convicted of one of these drug crimes is enough to lose your license for up to 2 years in NJ.The cops don’t even need to catch you with a ton of drugs for this to happen. Even minor marijuana possession charges can lead to a license suspension. It’s part of that whole “war on drugs” thing that got so popular in the 80s and 90s – zero tolerance policies and all that.

How Long Will Your License Be Suspended?

The suspension period depends on whether it’s your first or a repeat offense:

  • First offense – Suspension up to 2 years
  • Second offense – Suspension up to 4 years
  • Third offense – Permanent revocation

So if it’s your first brush with the law involving drugs, they’ll take your license away for up to 2 years. Not great obviously, but it could be worse. You’ll have a chance to get it back at least. But if you get caught again after that, say goodbye to driving for a looooong time.

Is There Any Way to Avoid the Suspension?

The short answer is no. If you’re convicted of a qualifying drug offense in New Jersey, your license is getting suspended, end of story. The law doesn’t give any wiggle room on this.But, you may be able to get a restricted use license if it’s your first offense. This would allow you to drive to certain places, like work or school. You’d have to file a request with the New Jersey Motor Vehicle Commission and convince them you deserve the restricted license.For second and third offenses though, no restricted license for you! You’ll have to rely on friends and public transportation for those 4+ years. Harsh but true.

How Do You Get Your License Back After a Suspension?

Once you hit the end of your suspension period, your license doesn’t just magically get reinstated. You’ll have to apply to the MVC to have your driving privileges restored. This involves:

  • Paying a $100 restoration fee
  • Paying any other outstanding fees or fines you owe to the MVC
  • Providing proof that you completed any required drug counseling or rehab programs
  • Possibly retaking your written and road tests

It’s kind of a hassle, but at least there’s a light at the end of the tunnel. Fulfill all the requirements and you’ll be back on the roads of Jersey once your suspension term is complete.

What About Your Out-of-State License?

Say you get busted for drugs in New Jersey but your license is from another state. Does the suspension still apply?Unfortunately, yes. Through an agreement called the Driver License Compact, NJ can report any drug conviction to your home state’s DMV. That state can then choose to suspend your license based on New Jersey’s actions.So getting suspended in Jersey could mean you lose your ability to drive anywhere, not just in NJ. It’s some real interstate cooperation just to make life difficult for people caught with drugs!

Moral of the Story

I know, I know – New Jersey’s drug suspension rules seem excessive. Losing your license for years even if you weren’t driving under the influence? Crazy right?But like I said earlier, it’s the law and the MVC doesn’t mess around. So do yourself a favor and leave the weed, coke, pills, heroin or whatever at home if you’re heading to New Jersey. The fines and court costs are bad enough – you really don’t want to lose your license too. It’s just not worth it.Trust me, I’ve seen friends have their lives turned upside down by drug suspensions. Don’t let it happen to you! Make good choices out there and be smart. Your driving privileges depend on it.

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