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The Law Offices of Proetta & Oliver

Hudson County

Criminal Defense Lawyer

"We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Hudson County and New Jersey."

- William A. Proetta, Esq.

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Drugs in a Motor Vehicle

North Bergen NJ CDS in MV Lawyers

If you were pulled over and illegal drugs such as marijuana, cocaine, heroin, painkillers or xanax were found in your vehicle, it is probable that you received a summons for “CDS in a MV” or controlled dangerous substance in a motor vehicle. Even if the drugs recovered were not found on your person but rather on someone in your vehicle, you may still be charged with the crime of CDS in a MV. Although the summons is not a criminal charge, it is a traffic ticket which upon conviction will result in a mandatory two year loss of license.  An experienced criminal defense attorney can make the process less stressful for you as he can work with the prosecutor to have your charges resolved for the best possible outcome. William A. Proetta, Esq. has handled thousands of criminal, municipal, and traffic charges including many cases for CDS in a MV.  Our office represents clients throughout New Jersey including Weehawken, Hoboken, Secaucus, North Bergen, Bayonne, Kearny, Jersey City, Bloomfield and Union City. For a free initial consultation with an experienced drug defense lawyer, contact our Jersey City office at (201) 793-8018.

NJ Statute 39:4-49.1 Drugs in a Motor Vehicle

A description of the New Jersey Statute for Possession of a Controlled Dangerous Substance in a motor vehicle is shown below for your reading convenience:

§ 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.

2 Year License Suspension – CDS in MV

Under the NJ Motor Vehicle Statute for 39:4-49.1, Possession of a controlled dangerous substance in a motor vehicle is a ticket that is directly linked to the driver of a motor vehicle when there are drugs recovered within that vehicle.  Along with the repurcussions for any other criminal charges that may be associated with your case, you will be looking at a mandatory two year loss of license if ticketed for CDS in a Motor Vehicle. Proetta & Oliver are committed to defending the rights of clients with municipal and criminal charges throughout New Jersey. If you would like to consult with a criminal defense attorney regarding the details of your case, please contact our Jersey City office at (201) 793-8018 for a free initial consultation.