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NJ Municipal Court Traffic and DWI Statutes of Limitations

30
Nov
2009

by in DWI Defense

As most people know, the “Statute of Limitations” in a criminal or traffic matter is the time frame within which the police may charge you with an offense. In most traffic offenses, pursuant to N.J.S.A. 39:5-3, the Statute of Limitations is 30 days. However there are exceptions, including:

  • N.J.S.A. 39:3-40: Driving while suspended or on revoked list has a 90 days Statute of Limitations.
  • N.J.S.A. 39:4-50: DUI-DWI (driving while intoxicated) has a 90 days Statute of Limitations.
  • N.J.S.A. 39:4-129 Leaving the scene of accident has a 1 year Statute of Limitations.
  • N.J.S.A. 39:3-12 Illegally obtaining a Driver’s License has a 1 year Statute of Limitations.
  • N.J.S.A. 39:3-34 Applying for a Driver’s License while suspended has a 1 year Statute of Limitations.
  • N.J.S.A. 39:3-37 False App. on a Driver’s License or allowing an unlicensed driver to operate vehicle or lending license to another has a 1 year Statute of Limitations.
  • N.J.S.A. 39:10-24 Misrepresentation on title has a 1 year Statute of Limitations.
  • N.J.S.A. 39:6B-2 Driving with No Insurance has a 6 months Statute of Limitations
  • 39: 5-31 DMV Director of Magistrate can revoke license for willful violations even if Statute of Limitations has passed
  • The applicable limitations period for the issuance of a DWI complaint is 90 days. N.J.S.A. 39:4-50.

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