Statute of Limitation for Traffic Offenses

New Jersey Traffic Violation Lawyers & Former Municipal Prosecutors

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The most frequently encountered penal dispute in NJ involve allegations of traffic violations. However, there is a time limitation, referred to as a statute of limitation, that obligates the police to file a traffic summons within a specified period or it is time barred. If you have a question concerning whether a motor vehicle complaint was filed in time, a lawyer on our defense team would be happy to assist you. We have over 100 years of collective experience handling traffic cases and our attorneys even include two former prosecutors. Give us a call for a free initial consultation at 855-450-8310.

N.J.S.A. 39:5-3: NJ Statute of Limitation for a Traffic Summons

The general rule is that a motor vehicle summons must be issued within thirty (30) days of the related violation otherwise there is no authority to convict. However, there are certain violations of the traffic law that may be filed outside of the normal limitation period. The offenses and related statute of limitation are as follows:

Offense Name Statute Time Limit
Drunk Driving 39:4-50 90 days
Refusal 39:4-50.4a 90 days
DWI CDL 39:3-10.13 90 days
CDL Refusal 39:3-10.24 90 days
Boating DWI 12:7-46 90 days
Boating Refusal 12:7-57 90 days
Revoked license 39:3-40 90 days
Passing a school bus 39:4-128.1 90 days
Illegally securing a license 39:3-12 1 year
False license application 39:3-34 1 year
Fictitious license application 39:3-37 1 year
Leaving accident scene 39:4-129 1 year