Mahwah NJ Possession of a Controlled Dangerous Substance (CDS) in a Motor Vehicle Defense Attorneys

Criminal and DWI Defense Lawyers in Bergen County, New Jersey 

At the Tormey Law Firm in Hackensack, New Jersey, our well-regarded criminal defense and drunk driving (DWI) attorneys have years of experience representing clients charged with criminal and traffic offenses, including possession of marijuana, possession of drug paraphernalia, and aggravated assault in Bergen County and throughout New Jersey, including in Lodi, Hackensack, and Rutherford. With offices conveniently located in the center of Hackensack’s criminal justice complex, Mr. Tormey and his fellow attorneys appear in courts throughout Bergen County on a daily basis, employing their specifically-formulated defense strategies to achieve the most desirable outcomes for their clients. To speak with one of these talented defense lawyers free of charge, contact the Hackensack, New Jersey offices of The Tormey Law Firm at (201)-330-4979. Initial consultations are always provided at no cost and we are available immediately to provide a free consultation about your case.


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:

§ 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.


Penalties for Possession of Drugs in a Car in New Jersey

As the above statute details, 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 this traffic offense results in a two-year license suspension. Therefore, if you are arrested and charged with possession of drugs in a motor vehicle, you may be facing criminal charges such as possession of marijuana, as well as very serious traffic charges, for possessing said marijuana while in a motor vehicle. As a result, it is imperative that you contact an experienced criminal defense lawyer for help.


Call the Tormey Law Firm in Hackensack, NJ Today for a Free Consultation

For additional information and a free consultation about your Bergen County drug charges, please contact us anytime at (201)-330-4979, or use our online contact form. Our Hackensack office is conveniently located in the heart of Bergen County, just steps from the Hackensack Municipal Court and Bergen County Superior Court. One of our criminal defense attorneys will be happy to discuss your case over the phone or to schedule an appointment to meet with you in person.


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.