Legal Question in DUI Law in New Jersey

RE: The 90 day statute of limitations on a DUI. Is that 90 days from the arrest date or 90 days from the trial date? Thank you.


Asked on 10/21/10, 8:53 am

2 Answers from Attorneys

Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

If you are referring to the time period that a police officer has to charge someone with violating NJSA 39:4-50(a), the Drunk Driving Statute, I believe that they have 90 days from the date that the offense was allegedly committed to charge the person with Drving under the influence or Driving While Intoxicated. However, i believe that there is an additional provision which affords the Municipal Court up to the 30 days to process the Complaint. which make the timeline up to 120 days. It cannot be from the date of trial, because if the Summons is never issued there would be no trial. If you are referring to the issue of speedy trial and the States alleged failure to prosecute that is a whole separate issue. I hope that answers your question, If not please feel free to call (201)-894-9498, I never charge a fee to speak to someone

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Answered on 10/26/10, 10:28 am
Ronald Aronds Law Office of Ronald Aronds, LLC

I don't understand what your question means. New Jersey Statute 39:5-3b. says that the time period for filing a charge for DWI is "at any time within 90 days after the commission of the offense". However, the statute of limitations doesn't apply at all in the context of a trial date. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.- 908-272-0111

www.njworkerscompensationlaw.com

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Answered on 10/26/10, 11:19 am


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