Possession of CDS in a Motor Vehicle is a New Jersey traffic violation that carries with it extraordinarily harsh penalties upon conviction. Most notable, there is a mandatory 2 year loss of license if convicted of violating NJSA 2C:39:4-49.1. I am a Newark NJ lawyer who has successfully defended clients against these charges in the Newark municipal court and the Essex County Superior Court.
Typically, this motor vehicle violation will be issued in conjunction with a criminal complaint for drug possession, distribution, etc., for narcotics such as marijuana, cocaine, heroine, crack, prescription pills, etc.
A common fact pattern in connection with this offense is the following: Driver pulled over by the police for an alleged traffic offense, the police have alleged probable caused to conduct a search and find narcotics on the driver, on passengers in the vehicle, or in a location within the car. The driver/owner of the vehicle is charged accordingly.