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Possession of CDS in a Motor Vehicle

Winslow NJ Possession of CDS in a Motor Vehicle Lawyer

Drug Charges Defense Attorney in Camden County, New Jersey

Under New Jersey law, “CDS” is an abbreviation used to refer to “controlled dangerous substance.” There are a vast array of controlled dangerous substances classified within New Jersey’s Drug Schedule, ranging from Schedule I (marijuana, heroin, and Ecstacy) to Schedule IV (i.e. Xanax and Vicodin) and Schedule V (cough syrup). When you are charged with possession of a controlled dangerous substance, and the charges arise from a motor vehicle search, you may also face additional charges for possession of CDS in a motor vehicle. While typical drug possession is a criminal offense in New Jersey, possession of CDS in a motor vehicle is actually a motor vehicle violation, similar to any other traffic ticket. However, do not let the term “traffic ticket” undermine the severity of this charge. If you are found guilty of possession of CDS in a motor vehicle in New Jersey, you are subject to a mandatory 2-year period of driver’s license suspension, in addition to any other penalties that you may face in connection with criminal drug charges.

William Fay is a highly experienced criminal and DWI defense attorney who has been successfully representing clients in courts throughout Camden County and New Jersey for years. His in-depth knowledge of the law and dedication to protecting his clients has earned him countless successes in court. In fact, he maintains a five out of five in reviews on Avvo from clients like this one:

“I went into court with 2 charges; careless driving, and operating a motor vehicle with possession of marijuana. I had the potential of getting my license taken away, jail time, fines etc… I met with Mr. Fay for the first time on my court date, and he said he was going to try and make a deal.. he wound up getting my charges knocked down to loitering which involved around a $300 total payment and that was it. very pleased with the results of hiring a lawyer from this firm, will definitely keep them in mind if I ever need help in the future and will be recommended if anyone I know needs a lawyer.” – ★★★★★ Karleigh

For additional information and a cost-free consultation, contact our criminal defense law firm today at 609-832-3202. Mr. Fay will be happy to discuss your current situation, answer your questions, and outline your available legal options.

Possession of CDS in a Motor Vehicle in New Jersey

As mentioned above, possession of CDS in a motor vehicle, outlined in section N.J.S.A. 39:4-49.1, is a motor vehicle offense rather than a criminal charge in New Jersey. You can be charged with this offense if you are found driving a car in possession of an illegal drug, or in possession of a prescription medication without a valid prescription. Specifically, N.J.S.A. 39:4-49.1 states the following:

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.

Notably, a summons for possession of CDS in a motor vehicle can only be issued to the driver of a car, not his or her passengers. In other words, if you are not operating the motor vehicle and you are charged with possession of marijuana, you should not be charged with, or found guilty of, possession of CDS in a motor vehicle. If you are, however, convicted of possession of CDS in a motor vehicle, you will lose your driving privileges for 2 years.

Contact a Gloucester Township NJ CDS in a Vehicle Attorney Today

Attorney William Fay has achieved countless dismissals in cases involving possession of CDS in a motor vehicle and he will fight tirelessly to achieve the best possible outcome in your case. If you or someone you love has been charged with possession of a controlled dangerous substance in a motor vehicle and/or a drug crime in Camden County or elsewhere in South Jersey, contact our firm at 609-832-3202 for a free consultation today.


"Amazing job, explains very clearly"

"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand."



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