24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

NJ Statute of Limitation for Traffic Offenses

NJ Statute of Limitation for Traffic Offenses

In New Jersey, prosecutors and police only have a limited time to charge you for a traffic violation. This is governed by the statute of limitations – laws defining deadlines to commence legal proceedings. Understanding the time limits for traffic tickets in NJ is important if you are facing old charges.

General 30 Day Limit for Traffic Violations

For most traffic offenses in New Jersey, prosecutors must issue a summons within 30 days under N.J.S.A. 39:5-3. Common violations subject to this 30-day limit include:

  • Speeding
  • Careless driving
  • Failure to observe a traffic signal
  • Improper passing

If a summons is not served within 30 days of the alleged violation, the statute of limitations expires and charges are barred. However, there are exceptions.

Exceptions to the 30 Day Limit

Some traffic violations have longer statutes of limitation, including:

Prosecutors have additional time for these more serious offenses. Other violations may have specific time limits under the NJ traffic code.

Tolling the Limit for Unsafe Driving

For reckless driving, speeding over 100 mph, and street racing offenses under N.J.S.A. 39:4-96, the 30-day limit is tolled if the driver leaves New Jersey. In that case, the clock stops until they return to NJ.

No Limit for DWI Charges

There is no statute of limitations for drunk driving charges in New Jersey. Under N.J.S.A. 2C:1-6a(2), prosecutors can file DWI summonses no matter how long ago the offense occurred.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Factors That Delay Traffic Violation Charges

Common reasons traffic tickets may be delayed beyond normal time limits include:

  • Administrative errors in processing paperwork
  • Failure to properly identify the driver
  • Driver gave false identification information
  • Out-of-state drivers difficult to locate

But delays caused by police or prosecutor inaction do not extend the limitation period.

Contesting Old Traffic Charges Based on Statute of Limitations

If you are charged with a traffic offense that seems past the limitation deadline, possible responses include:

  • File motion to dismiss based on expired statute of limitations
  • Challenge whether summons was timely served
  • Dispute alleged date violation occurred
  • Require prosecutors to prove charges are not time-barred

An experienced traffic ticket attorney can tell you whether the statute of limitations has run and prevent prosecution of stale charges.

Tolling the Limitations Period

In some cases, the statute of limitations may be temporarily paused or “tolled.” Reasons this may occur for traffic violations include:

  • Defendant is out of state, evading prosecution
  • Prosecutors appealed dismissal of charges
  • Defects in original summons was corrected
  • Bankruptcy proceedings filed

However, tolling is only permitted in limited circumstances and requires prosecutors to take affirmative steps.

Waiving the Statute of Limitations Defense

By voluntarily paying old traffic fines or appearing in court, you may inadvertently waive the right to assert the statute of limitations. Reasons to be cautious about this include:

  • May undermine limitations defense for other still-pending charges
  • Could expose you to arrest on old warrant
  • May impact driver’s license suspension
  • Hamper ability to obtain dismissal of related charges

Before taking any action on time-barred traffic violations, consult with an attorney to avoid jeopardizing your rights.

Statute of Limitations in Other States

Each state has its own statutes of limitation for traffic violations. In some states, the period may be as short as 14 days or as long as 5 years for certain serious offenses. Research the specific time limits if charged across state lines.

Get Legal Help Fighting Old Traffic Charges

Never ignore traffic tickets, even very old ones, until you have spoken to an attorney. An experienced traffic lawyer can determine if the statute of limitations has expired and prevent prosecution for time-barred offenses.

 

Schedule Your Consultation Now