As discussed in my previous blog, the statute of limitation period (SOL) on most traffic violations in the State of New Jersey is 30 days. However, there are some exceptions to that rule. The New Jersey statute that addresses SOL periods for traffic offenses is NJSA 39:5-3.
According to N.J.S.A. 39:5-3, the following are traffic offenses that have extended limitations periods. For instance, 90 DAYS limitation period for the following traffic offenses: Drunk Driving (NJSA 39:4-50), Refusal to provide breathe test (39:4-50a), Driving on revoked license (NJSA 39:3-40), Passing a school bus (NJSA 39:4-128.1), Driving under the influence with a CDL (NJSA 39:3-10.13).
1 year limitation period for the following traffic offenses: leaving the scene of an accident (NJSA 39:4-129), and illegally securing a license (39:3-12). 6 months limitation period on no insurance charge (NJSA 39:6b-2).
If you have a question regarding possibly raising the SOL defense give Dan T. Matrafajlo a call for a free office consultation to discuss your possible options.