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Possession of Drugs in a Motor Vehicle

Defending Your Possession of CDS in a Motor Vehicle Charge in NJ

The Moriarty family has been fighting traffic related offenses throughout New Jersey for over 40 years. We know the local courts, prosecutors and judges you will be dealing with. This goes a long way toward successfully defending your rights. Having a lawyer who knows the system and the players is critical to the defense of your case.

Call us, 24 hours a day, at (732) 842-7773. You can also contact us by e-mail to schedule a free initial consultation.

Know What You Are Facing!

The Moriarty Law Firm has been representing clients charged with criminal and traffic offenses such as leaving the scene of an accident, speeding, reckless driving, and driving without insurance anywhere in New Jersey for over 40 years. Call us now and we can answer your questions at (732)842-7773. The initial consultation is always free of charge.

Possession of Drugs in a Motor Vehicle: N.J.S.A. 39:4-49.1

A charge for possession of Controlled Dangerous Substance (CDS) in a motor vehicle in New Jersey 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.

Possession of CDS in a Motor Vehicle: Penalties and Defenses

If you are in possession of any illegal drug while driving a motor vehicle, you can be charged with possession of CDS in a motor vehicle. This includes up to a two (2) year license suspension. Our attorneys handle these charges on a daily basis throughout New Jersey and will explore any and all possible defenses depending on the particulars of your case. Please contact our office for a free initial consultation at (732)842-7773.

We Handle All Types of Criminal and Traffic Charges

Criminal charges can be brought in either the Municipal or Superior court. The more severe the criminal charges the more likely they are to be handled in Superior Court, while minor charges are typically resolved in Municipal Court. We have a well deserved reputation for being the best in both arenas.

The severity of your charges is a determination made by the State and is usually based on a variety of factors. Penalties will vary based on the degree of the crime and whether or not there was a criminal conspiracy involved.

Call (732) 842-7773 to speak with one of the Moriartys 24 hours a day, 7 days a week to discuss your charges or you can contact us by e-mail to schedule a free initial consultation.

Client Reviews

The attorneys of The Moriarty Law Firm are the best criminal defense lawyers in New Jersey. I can see how the over 50 years of combined experience between this family led law firm has initiated the consideration by many, as being one of the top law firms in the US. From the moment I called for a...

Jeremy Thomas

Kevin is professional, knowledgeable, compassionate and he gets the job done. Being a legal sceptic (I used to think they were all crooks) Kevin restored my faith in attorneys. If you have a serious matter, you want Kevin to represent you.


I hired Mr. Moriarty for a delicate professional matter and was very happy with the entire experience. Both he and his support staff were easy to deal with and ultimately, we won!


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