DWI refusal, officer gave me

Asked almost 2 years ago - Newark, NJ

drinking & diving report but not summons. It's been 120 day now. can it be dismissed based on service issue?

Attorney answers (8)

  1. Anthony J. Vecchio

    Pro

    Contributor Level 8

    10

    Lawyers agree

    Answered . While most traffic tickets in NJ have a 30 day statute of limitations, it is actually 90 days for a DWI. It sounds very unusual for you to have received a police report and not the tickets/summons. You should get in touch with the court or consult with an attorney.

  2. Mark M Cheser

    Contributor Level 20

    9

    Lawyers agree

    Answered . It sounds like you have a good defense. Was the address on your license where you live now? I would check with MVC to see if your license is clear. Call with more information.

  3. Matthew R Schutz

    Contributor Level 17

    8

    Lawyers agree

    Answered . Generally speaking there is a 30 day statute of limitation. If you haven't been served with a summons by now, I would not worry about it

  4. John Paul Thygerson

    Pro

    Contributor Level 17

    9

    Lawyers agree

    Answered . Consult with an experienced DWI attorney in your area. There are excellent ones listed here on AVVO.

  5. Eric M. Mark

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . If, in fact, the summons was not filed with the court and mailed to you for 90 days, you could have a defense based on the statute of limitations. This would need to be verified. It also depends what address is on your license, where you live and where the summons was mailed, if it was mailed. More information is necessary. Speak with a lawyer to discuss it further.

  6. Jose Wilfrido Hernandez

    Contributor Level 7

    8

    Lawyers agree

    Answered . Most driving offenses have a 30 day statute of limitations. DWI is 90 days. You must consult with an experienced DWI attorney. You may have a defense to these charges. Good luck.

  7. Keith Hirschorn

    Pro

    Contributor Level 5

    6

    Lawyers agree

    Answered . Depends if the summons was issued within the 90 day statute of limitations. Your best bet is to consult with a DUI attorney to go over the specifics of your situation.

  8. John George Ducey

    Contributor Level 13

    5

    Lawyers agree

    Answered . I am not sure what you mean by a drinking and driving report. Is this the result of the alcotest machine or something else? You should contact MVC and see if your license is clear or if you are suspended for failure to appear.

    The service issue can be looked at but beware because if you moved recently the tickets may have been sent to that address especially if you did not change your address with MVC.

    John Ducey
    732-458-5600

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