NJ Statute of Limitation for Traffic Offenses

NJ Statute of Limitation for Traffic Offenses

In New Jersey, prosecutors and police only have a limited time to charge you for a traffic violation. This is governed by the statute of limitations – laws defining deadlines to commence legal proceedings. Understanding the time limits for traffic tickets in NJ is important if you are facing old charges.

General 30 Day Limit for Traffic Violations

For most traffic offenses in New Jersey, prosecutors must issue a summons within 30 days under N.J.S.A. 39:5-3. Common violations subject to this 30-day limit include:

• Speeding
• Careless driving
• Failure to observe a traffic signal
• Improper passing

If a summons is not served within 30 days of the alleged violation, the statute of limitations expires and charges are barred. However, there are exceptions.

Exceptions to the 30 Day Limit

Some traffic violations have longer statutes of limitation, including:

• Driving without insurance – 6 months under N.J.S.A. 39:6-3.1
• Driving with a suspended license – 1 year under N.J.S.A. 39:3-10
• Leaving the scene of an accident – 1 year under N.J.S.A. 39:4-129

Prosecutors have additional time for these more serious offenses. Other violations may have specific time limits under the NJ traffic code.

Tolling the Limit for Unsafe Driving

For reckless driving, speeding over 100 mph, and street racing offenses under N.J.S.A. 39:4-96, the 30-day limit is tolled if the driver leaves New Jersey. In that case, the clock stops until they return to NJ.

No Limit for DWI Charges

There is no statute of limitations for drunk driving charges in New Jersey. Under N.J.S.A. 2C:1-6a(2), prosecutors can file DWI summonses no matter how long ago the offense occurred.

Factors That Delay Traffic Violation Charges

Common reasons traffic tickets may be delayed beyond normal time limits include:

• Administrative errors in processing paperwork
• Failure to properly identify the driver
• Driver gave false identification information
• Out-of-state drivers difficult to locate

But delays caused by police or prosecutor inaction do not extend the limitation period.

Contesting Old Traffic Charges Based on Statute of Limitations

If you are charged with a traffic offense that seems past the limitation deadline, possible responses include:

• File motion to dismiss based on expired statute of limitations
• Challenge whether summons was timely served
• Dispute alleged date violation occurred
• Require prosecutors to prove charges are not time-barred

An experienced traffic ticket attorney can tell you whether the statute of limitations has run and prevent prosecution of stale charges.

Tolling the Limitations Period

In some cases, the statute of limitations may be temporarily paused or “tolled.” Reasons this may occur for traffic violations include:

• Defendant is out of state, evading prosecution
• Prosecutors appealed dismissal of charges
• Defects in original summons was corrected
• Bankruptcy proceedings filed

However, tolling is only permitted in limited circumstances and requires prosecutors to take affirmative steps.

Waiving the Statute of Limitations Defense

By voluntarily paying old traffic fines or appearing in court, you may inadvertently waive the right to assert the statute of limitations. Reasons to be cautious about this include:

• May undermine limitations defense for other still-pending charges
• Could expose you to arrest on old warrant
• May impact driver’s license suspension
• Hamper ability to obtain dismissal of related charges

Before taking any action on time-barred traffic violations, consult with an attorney to avoid jeopardizing your rights.

Statute of Limitations in Other States

Each state has its own statutes of limitation for traffic violations. In some states, the period may be as short as 14 days or as long as 5 years for certain serious offenses. Research the specific time limits if charged across state lines.

Get Legal Help Fighting Old Traffic Charges

Never ignore traffic tickets, even very old ones, until you have spoken to an attorney. An experienced traffic lawyer can determine if the statute of limitations has expired and prevent prosecution for time-barred offenses.