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

While not a criminal offense, Possession of CDS in a Motor Vehicle can lead to a two (2) year license suspension

Under N.J.S.A. Title 39 (New Jersey Motor Vehicle and Traffic Regulations) there exists on the books a particularly nasty ticket for Possession of CDS in a Motor Vehicle. This traffic ticket, N.J.S.A. 39:4-49.1, usually goes hand-in-hand with a criminal complaint/summons for possession of a controlled dangerous substance (i.e. Possession of Marijuana (< 50g)). However, our office frequently sees drivers receiving a Possession of CDS in a Motor Vehicle ticket because of a passenger’s possession of an illegal substance or paraphernalia. Even so, once you’ve received this ticket, you’ll need help avoiding the harsh penalties that come with it.

License Suspension for a Possession of CDS in a Motor Vehicle Ticket

Possession of CDS in a Motor Vehicle

Photo courtesy of CBP Photography

The most significant penalty that someone charged with Possession of CDS in a Motor Vehicle is exposed to is a mandatory two (2) year license suspension. Even more importantly, unlike with a criminal possession charge, there is no opportunity to make a hardship application to the judge for reducing or eliminating the suspension. If you are found guilty of a Possession of CDS in a Motor Vehicle violation, you will lose your license for two years.

Fortunately, our attorneys have experience getting this traffic ticket dismissed for our clients and are very skilled at preserving our clients driving privileges. Call our office at 1 (877) 450-8301 to find out how we can help you with your ticket and/or criminal charges.

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

Possession of CDS in a Motor Vehicle is described under N.J.S.A. 39:4-49.1 as 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.

If you are at risk of losing your license on a traffic ticket or criminal matter, call our office at 1 (877) 450-8301 and speak to an attorney. We can help you fight for your license, and have a proven track record of success to back it up.