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Morristown NJ Possession of CDS in a Motor Vehicle Lawyer

Drug Charges Defense Attorneys in Morris County, New Jersey

Controlled Dangerous Substance (CDS) in a Motor Vehicle - 39:4-49.1
NJ CDS in a Motor Vehicle Lawyer – 39:4-49.1

Possession of a Controlled Dangerous Substance (CDS) in a motor vehicle is a very common offense in New Jersey. This is because the statutory designation of what is considered a controlled dangerous substance is very broad. Although we commonly think of a controlled dangerous substance as being limited to notoriously illegal drugs such as Marijuana, Cocaine, and Heroin, New Jersey law also classifies Prescription Drugs like Oxycontin and Xanax as controlled dangerous substances. Although the mandatory fine for possession of a CDS might not seem terribly severe, the consequences of a conviction could be extremely harsh and long-lasting because you could lose your driver’s license for two (2) years.

The Tormey Law Firm represents clients in courtrooms throughout New Jersey, including courts in Dover, Parsippany, Roxbury, Denville, Rockaway, and Morristown. Our criminal and drug defense lawyers have successfully defended many clients charged with serious drug-related offenses, such as manufacturing of a CDS, possession of CDS with intent to distribute, and distribution of imitation CDS. If you or a loved one has been charged with possession of a CDS in a motor vehicle in New Jersey, do not wait to speak with one of our experienced criminal defense attorneys. For a free consultation about your case, call us at 866-949-6948, or use our online contact form.

Possession of a Controlled Dangerous Substance in a Motor Vehicle in New Jersey: N.J.S.A. 39:4-49.1

Possession of a Controlled Dangerous Substance (CDS) in a motor vehicle is governed by N.J.S.A. 39:4-49.1, which provides:

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 (C. 24:21-1 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 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 (2) years from the date of his conviction.

Penalties for Possession of Drugs (CDS) in a Motor Vehicle in NJ 

Every CDS is categorized by the State of New Jersey into Schedules I through V. These classifications are codified in N.J.S.A. 24:21-5 through N.J.S.A. 24-21-8.1. Schedules are used to classify drugs according to their potential for abuse and whether they are currently accepted for medical use in the United States. Schedule I drugs are considered the most addictive and the least accepted in the United States for medical use.

Possession of a controlled dangerous substance (CDS), namely any illegal drugs, in a motor vehicle is a very serious traffic offense in New Jersey. In fact, a conviction for possession of CDS can result in suspension of your driver’s license for two years. Of course, this is in addition to any criminal charges that you may face for possession of illegal drugs.

Contact our Madison NJ CDS Charges Defense Lawyers for a Free Consultation 

A drug conviction can destroy your life. In addition to losing your driving privileges in New Jersey, you could be subject to serious prison time. And you will have a drug conviction on your permanent record, which could hamper your ability to get a job in the future. The criminal defense team at the Tormey Law Firm has extensive experience handling these kinds of cases. We know how to successfully file an “undue hardship” application with the court to allow you to keep your driver’s license.

If you or a loved one has been charged with possession of drugs in a motor vehicle, it is imperative that you contact a skilled drug defense lawyer. For a free consultation about your case, call one of the experienced criminal defense attorneys at the Tormey Law Firm today at 866-949-6948, or use the online contact form.

The Tormey Law Firm Video Library

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400

Morristown, NJ 07960

Areas We Serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mont Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.