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Controlled Dangerous Substance in a Motor Vehicle

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Proetta & Oliver

Many drug arrests result from motor vehicle stops on the highways and roads throughout New Jersey. If you were pulled over and found to have drugs in your car such as marijuana, cocaine, heroin, oxy, or xanax then chances are you received a ticket for “CDS in a MV” which is short for controlled dangerous substance in a motor vehicle. This charge is actually a traffic ticket and not a criminal charge at all, however, if convicted you will face a mandatory two year loss of your driver’s license. An experienced criminal attorney can work with the prosecutor to have this charge merged and dismissed upon resolution of the other charges in your case. As founding attorney, William A. Proetta, has handled thousands of criminal, municipal, and traffic charges throughout his career including many for drugs in a motor vehicle. We represent clients throughout New Jersey including Rahway, Union Township, Hillside, Summit, Westfield, Clark, Kenilworth, Springfield and Roselle Park. If you would like to speak with an experienced drug lawyer about your case then contact our Cranford office at (908) 838-0150 for a free initial consultation.

NJ Statute 39:4-49.1 Possession of Drugs in a Motor Vehicle

The New Jersey law for Possession of a Controlled Dangerous Substance “CDS” in a motor vehicle is listed below, in pertinent part, for your convenience:

§ 39:4-49.1. Drug possession by motor vehicle operator

No person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle 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 or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly 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 two years from the date of his conviction.

Possession of CDS in MV – 2 yr Suspension

A Controlled Dangerous Substance is basically any illegal drug, opiate, or narcotic including illegally obtain prescription drugs. Because of the nature of the charges, this ticket is normally ancillary to criminal drug possession charges from the drugs found in the motor vehicle. Moreover, under the statute, only the driver of the motor vehicle should be ticketed with 39:4-49.1. At the Proetta & Oliver, we are exclusively dedicated to defending clients against criminal and municipal court charges. If you would like to discuss the details of your case with a criminal attorney then please contact our office at (908) 838-0150.

Related NJ Drug Offense Information

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