West Orange NJ Possession of CDS in a Motor Vehicle Defense Attorney

A traffic stop can result in multiple charges if an officer discovers drugs in your vehicle. For example, if a police officer discovers marijuana in the glove compartment of your car, you may be charged with a criminal offense for possession of marijuana, as well as issued a summons for possession of a controlled dangerous substance (CDS) in a motor vehicle. The second of these charges entails a mandatory period of driver’s license suspension that extends for 2 years, to be imposed in addition to any other consequences associated with other charges.

Forfeiting your right to operate a vehicle for two years can have catastrophic consequences for your employment situation and family life, not to mention hindering your ability to conduct your daily activities. As a result, it is critical to confront these charges with a well-formulated defense strategy. Fortunately, an experienced attorney can negotiate with the prosecutor to have this charge dismissed. In other cases, a thorough evaluation of the circumstances of the search may reveal a violation of your constitutional rights which can also lead to a dismissal.


Possession of a Controlled Dangerous Substance (CDS) in a Motor Vehicle: N.J.S.A. 2C: 39:4-49.1

Possession of a Controlled Dangerous Substance in a motor vehicle is addressed in section N.J.S.A. 2C: 39:4-49.1, entitled “Drug possession by motor vehicle operator,” which reads:

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.

Charges for Possession of CDS in a Motor Vehicle in Bloomfied or Essex County NJ?

If you are found guilty of the violation outlined above, you are exposed to multiple penalties, including:

  • A fine of at least $50.00
  • A mandatory 2-year period of driver’s license suspension

With these and other consequences hanging over your head, being proactive is the best approach. Contact the attorneys at Breslow Law Offices to begin devising your most effective defense.