Update: We are fully operational and working remotely amidst COVID-19. Our attorneys are available to provide you with a free consultation 24/7. Call or contact us online today.

Point Pleasant Office


Possession of CDS in a Motor Vehicle

Our law firm has successfully handled thousands of criminal, DWI, and municipal court charges throughout Ocean County and New Jersey.

Schedule free Consultation

Toms River New Jersey Possession of Drugs in a Motor Vehicle

CDS in a Motor Vehicle Lawyers Toms River NJ Possession of drugs in a motor vehicle is a very serious charge. Interestingly, the statute governing this charge does not fall under NJ criminal code, but rather under Title 39, which governs traffic violations. However, the penalties for possession of CDS in a motor vehicle are severe. Additionally, companion charges almost always accompany possession of drugs in a motor vehicle charges. These include possession of marijuana, cocaine distribution, possession of drug paraphernalia, and possession of heroin with intent to distribute. While possession of CDS in a motor vehicle results in fines and a license suspension of up to two years, the companion charges result in jail time, probation, and steep monetary penalties. For these reasons it is in your best interest to contact a skilled drug charges defense lawyer who will work with the prosecution to get your charges downgraded or even dismissed. At Proetta & Oliver, our attorneys regularly represent clients charged with possession of CDS in a motor vehicle throughout Ocean County, including in Toms River, Brick, Beach Haven, Ship Bottom, Seaside Heights, and Jackson Township. For more information on how we can assist you in successfully resolving your drug possession case in Ocean County, feel free to contact our conveniently located Toms River office today at (848) 238-2100.

Possession of CDS 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:

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.

Contact Ship Bottom NJ Possession of Drugs in a Motor Vehicle Lawyers for a Free Consultation

As you can see from the above statute, if you or your loved one is in possession of an illegal drug without a prescription in any type of motor vehicle, you can be charged with possession of CDS in a motor vehicle. Penalties will include up to a two (2) year loss of driving privileges. At the Law Offices of Proetta & Oliver, we assist clients who face these charges throughout New Jersey and Ocean County including Manchester Township, Lakewood, Bayville, Manahawkin, Point Pleasant, Seaside Park, and Plumsted. Contact us for a free consultation today at (848) 238-2100 for a free consultation today. We are ready to assist you 24/7.

Additional New Jersey Drug Offense Resources

Contact Us

Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.


3828 River Road, Point Pleasant, NJ 08742

Phone: (848) 238-2100

By Appointment Only

Map and Directions


3840 Park Ave, Suite 202 A, Edison NJ 08820

Phone: (732) 659-9600

By Appointment Only

Map and Directions


242 10th Street Suite 103 Jersey City, NJ 07302

Phone: (201) 793-8018

By Appointment Only

Map and Directions


20 Commerce Drive, Room 135 Cranford, NJ 07016

Phone: (908) 838-0150

By Appointment Only

Map and Directions