Legal Question in DUI Law in New Jersey

Statute of limitations on NJ DWI charge?

I was charged with DWI in 1991 after the state police found me with another

person sitting along the side of the Turnpike next to a cracked-up car that

hit a divider.

I've lived in New Jersey since then and basically forgot about the thing

- I showed up the first time to court to get the case postponed and

never did anything else about it after that.

Anyway, they issued a warrant years ago and now I want my license

un-suspended and I need to settle this.

Is there a statute of limitations issue here (10 years since the

charge)? I'd told the DMV my current address, so they could have come

and gotten me on that warrant any time.

Should I hire a lawyer to take care of this?

If so, what kind of lawyer and what should I expect to pay for something

like this?

Thanks in advance for any help.


Asked on 8/16/01, 3:48 am

1 Answer from Attorneys

Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Statute of limitations on NJ DWI charge?

I am an attorney in Cherry Hill who handles these types of matters. Unfortunately, I would need to know a bit more before I could accurately assess your possible outcome.

For example, you state that "DMV" had your address - did the Court/prosecutor? DMV doesn't issue/enforce warrants so it my not be relevant what they knew, however, this point may require some additional legal research. I would also want to know how many times, if any, you have moved since the incident. Lastly, it is important to get the prosecutor's file on this matter to determine how many, if any, notices they sent to you and where they sent them.

The harder question is should you hire a lawyer because that is a decision you must make. Remember, however, that you are facing underlying charges which, if you're convicted of, will result in loss of license/heavy fines, in addition to fines and penalties associated with your absence for 10 years. There is a question of what they can still prove after all of this time, however, if they can make a case, the penalties are tough.

If you hired an attorney, you need one that does Municipal Court work. I am unable to estimate the cost before I learn a bit more about the case. Besides, price isn't a great indicator for picking an attorney as other factors are probably more important.

I practice in South/Central, NJ and I offer free consultations. If the court is in South/Central and you would like to discuss the matter further and/or talk about whether or not you want to hire an attorney to assist you, please contact me at your convenience.

In the meantime, feel free to browse our firm's website at www.ssglawfirm.com for more information.

Thanks,

Daniel B. Kelley, Esq.

(856)616-8080

[email protected]

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Answered on 8/17/01, 12:55 pm


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