Statute of Limitation for Traffic Offenses

New Jersey Traffic Violation Lawyers & Former Municipal Prosecutors

new jersey pretrial intervention

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 1-877-450-8301.

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 NameStatuteTime Limit
Drunk Driving39:4-5090 days
Refusal39:4-50.4a90 days
DWI CDL39:3-10.1390 days
CDL Refusal39:3-10.2490 days
Boating DWI12:7-4690 days
Boating Refusal12:7-5790 days
Revoked license39:3-4090 days
Passing a school bus39:4-128.190 days
Illegally securing a license39:3-121 year
False license application39:3-341 year
Fictitious license application39:3-371 year
Leaving accident scene39:4-1291 year