Morristown 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

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 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 face additional criminal charges for possession of a controlled dangerous substance. For instance, if you were driving with heroin in your car, the police may charge you with a traffic offense for violating N.J.S.A. 39:4-49.1, in addition to a criminal offense for heroin possession. Drug paraphernalia charges are also frequent accompaniments in these cases.

The Tormey Law Firm represents clients in courtrooms throughout Morris County and 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 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 Morris County criminal defense attorneys. For a free consultation about your case, call our offices in Morristown at 908-336-5008, 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, except a person who violates the provisions of N.J.S.2C:35-10, shall be fined not less than $50.