Legal Question in DUI Law in New Jersey
statute of limitation
My friend was found guilty in the early 80's of DUI. Prior to having his New Jersey privlidges revoked,he moved to another state and obtained a driver's license in that state. Years after his NJ driving priv. was revoked, he was once again stopped in NJ for speeding and charged with driving on a revoked license. A court date was set that he did'nt show up for, that was 15-16 years ago. Now, 16 years later, a collection agency has sent a letter and is phoning about a $12,000 outstanding bill for penalties and fines for the NJ ''insurance surcharge for reinstatement'' Is there not a statute of limitations on penalties and fines for this type of offense? Is he still responsible to pay that state's fines after all this time ?
2 Answers from Attorneys
Re: statute of limitation
The state probably filed a certificate of indebtedness relating to the surcharges many years ago after sending notices of the surcharges to your friend's last known address and receiving no response. The certificate, the actual name of which I do not remember, has accrued interest for all these years and probabaly is viable for twenty years after it's filing. Having probably filed the certificate years ago no statute of limitation applies. Of course, may uncover that the certificates are barred by a statutory limitation of action, but I expect not.
Re: statute of limitation
Is he still responsible? Most likely, because the money owed are "surcharges" most likely for DWI surcharges which equal $3000 for each time you are convicted of dwi. There are also surcharges for driving suspended, plus interest adds up.
Does he have to pay? Actually no. He may discharge his surcharges by filing bankruptcy--this will wipe them out forever. If he never pays, they will appear on his credit report, and sooner or later, a lien will be attached to his property. call me 201-646-9799
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