[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/how-you-can-face-two-charges-for-drugs-in-a-car\/#BlogPosting","mainEntityOfPage":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/how-you-can-face-two-charges-for-drugs-in-a-car\/","headline":"How You Can Face Two Charges for Drugs in a Car","name":"How You Can Face Two Charges for Drugs in a Car","description":"Why Was I charged with Possession of a Controlled Dangerous Substance (CDS) and CDS in a Motor Vehicle? Isn\u2019t It the Same Thing in NJ? New Jersey law prohibits possessing controlled dangerous substances like\u00a0marijuana, heroin, MDMA,\u00a0cocaine, and\u00a0prescription drugs\u00a0for which you do not have a valid prescription. In fact, most people know that if police catch […]","datePublished":"2019-08-29","dateModified":"2025-12-16","author":{"@type":"Person","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/#Person","name":"William Proetta Criminal Law","url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"William Proetta Criminal Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","width":250,"height":76}},"image":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/03\/drugs-in-a-car.jpg","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/03\/drugs-in-a-car.jpg","height":662,"width":1000},"url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/how-you-can-face-two-charges-for-drugs-in-a-car\/","about":["Uncategorized"],"wordCount":890,"articleBody":"Why Was I charged with Possession of a Controlled Dangerous Substance (CDS) and CDS in a Motor Vehicle? Isn\u2019t It the Same Thing in NJ?New Jersey law prohibits possessing controlled dangerous substances like\u00a0marijuana, heroin, MDMA,\u00a0cocaine, and\u00a0prescription drugs\u00a0for which you do not have a valid prescription. In fact, most people know that if police catch you with a controlled dangerous substance, you can be charged with possession of a CDS and convicted of an associated\u00a0drug offense. But it\u2019s less commonly known that in New Jersey, you can also face a separate serious offense for almost the exact same conduct\u2014possessing a controlled dangerous substance\u2014if your case contains the added fact that you possessed the drug in question while operating a motor vehicle on one of New Jersey\u2019s highways.These two charges do not replace one another. You can actually be charged with both at the same time. NJ law permits this because these offenses are, in fact, considered two separate acts addressed in two distinct statutes. One criminalizes simple possession of the CDS (often referred to simply as \u201cdrug possession\u201d), and the other specifically targets possession of a CDS in the context of operating a motor vehicle. This may seem unfair, but the New Jersey legislature has determined that having drugs in your car, particularly while that car is in motion, is incredibly dangerous behavior that requires separate punishment from the usual drug possession law. New Jersey courts have permitted this distinction to persist, even though it seems like you are being punished twice for the same set of drugs.What\u2019s the Difference between Possessing CDS and Possession in a Motor Vehicle in New Jersey?This possession in a vehicle law applies only to drivers, not to passengers, a key difference from the simple possession law. In other words, both a driver and a passenger can be convicted of possessing CDS, but a passenger will naturally not be charged with possessing CDS as the driver of a motor vehicle.Beyond this, possession of CDS in a motor vehicle is technically a motor vehicle offense, while simple possession of CDS is a criminal offense. The penalties are significantly different as well. While a charge for possession of CDS may result in jail or state prison time (depending on the drug involved and the quantity of said drug), heavy fines, probation, community service, and other serious consequences; possession of CDS in a motor vehicle is a\u00a0traffic violation\u00a0punishable by a mandatory two-year suspension of your driver\u2019s license. You can imagine how devastating it can be to be convicted of both.What Proof is Needed for Drugs in a Car Charges in NJ?Proving what is called \u201csimple possession\u201d of a CDS is much simpler than proving possession of a CDS in a motor vehicle. To prove simple possession, the prosecutor must establish that you possessed a CDS either through \u201cactual possession\u201d by having the drug on your person, in your pockets, etc., or through \u201cconstructive possession,\u201d by having the drugs in an area that you could access and exercise control over. Whether a drug is a CDS is defined by law, including by state drug \u201cschedules\u201d\u2014categories running from Schedule I for the \u201chardest\u201d drugs, in general terms, all the way to Schedule V. Typically, a prosecutor will have a\u00a0laboratory analyze the drug\u00a0in question to verify that it is, in fact, one of New Jersey\u2019s controlled dangerous substances.To prove possession of a controlled dangerous substance in a motor vehicle, on the other hand, a prosecutor must prove a simple possession charge, as discussed above, in addition to proving that you possessed a CDS while operating a motor vehicle on a highway when the CDS was located on you as the driver or within the vehicle you were driving. Highway, as defined by the relevant statute, is typically defined broadly by case law to include avenues, drives, streets, or other roadways open to the public. Operating a motor vehicle involves taking control of a vehicle with intent to move it and taking an action to initiate movement, assuming the vehicle has the ability to move.Stated differently, a \u201cCDS in a vehicle\u201d charge involves the same proof that the prosecutor would put on in a simple CDS possession case, plus more.Get Help with Westfield NJ Drug Possession in a Car DefenseThere are defenses to both the charges of CDS possession and possession of CDS in a vehicle. The penalties for these two charges can be cumulative and very severe. If you have been arrested for drugs in your car, you can be punished for both offenses if convicted. With this in mind, it is important to contact a dedicated criminal defense attorney if you have been charged with either or both types of drug possession in a vehicle. We are dedicated NJ criminal defense attorneys with a team that is ready to challenge the state\u2019s case against you in court. If you are seeking help with a drug arrest in Scotch Plains, Westfield, Linden, Roselle, Cranford, Berkeley Heights, New Providence, Clark, Summit, or another town in Union County, contact our convenient local offices, located in Cranford, for immediate assistance. Please feel free to call (908) 838-0150 anytime, or\u00a0contact us online\u00a0for a free consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How You Can Face Two Charges for Drugs in a Car","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/how-you-can-face-two-charges-for-drugs-in-a-car\/#breadcrumbitem"}]}]