Asked 6 months ago - Newark, NJFlag
drinking & diving report but not summons. It's been 120 day now. can it be dismissed based on service issue?
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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.
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.
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