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DWI refusal, officer gave me

Newark, NJ |
Attorney answers 7

Posted

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

Posted

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

Posted

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.

Asker

Posted

can it be dismissed because court didnt serve on time?

Asker

Posted

can it be dismissed because police didnt serve on time?

Posted

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.

Posted

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.

Posted

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.

Posted

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