Statue of limitations NJ

[KristenWallabe21]

Jurisdiction

New Jersey

Person was issued 3 tickets at the scene of an accident where the vehicle went off the road and up a curb no damage except to the vehicle. Driver states he was distracted and accidently drifted off the road.

Driver had recently had surgery and had a bottle of Schedule II narcotics (percocet) that were legally prescribed to him - no field sobriety test was performed, person was not arrested but issued

39:4 96 Reckless Driving
39:4 50 DWI
39:4 88b unsafe lane change

So here's the question - this all took place in 2012; the person NEVER paid any tickets/fines, never received any notices and nothing happened. He has a valid drivers license in the same state, recently bought and registered a new car, approved for uber and lyft, added to my insurance policy. Then low and behold in the mail comes the standard triplicate notice for this situation with a hearing date It doesn't say he missed anything doesn't threaten anything etc. a friend whose a police officer checked his DL and it's 100% valid. Is this legal ? Can they come 10+ years later after him for these?? This seems absurd.

 

[army judge]

Is this legal ?

Based upon your recitation of events, one wouldn't think an official order from a court of competent jurisdiction would be anything other than legal.

Can they come 10+ years later after him for these??

Perhaps the ubiquitous THEY can't prosecute anyone, but the local prosecutor most certainly can, and appears to be doing so.

Bottom line, it would behoove the person under discussion to best serve himself/herself by doing what all law abiding citizens do, appear in court as mandated, plead not guilty, hire a lawyer (or seek a public defender if the charges are serious enough and said person is sufficiently financially challenged to qualify), and remain involved until the case is adjudicated.

The person ALLEGED to have committed various crimes/infractions should avail herself/himself of her/his right to remain silent and not to be forced to incriminate himself/herself.

You, as a possible friend/acquaintance of the alleged perpetrator shouldn't allow the ACCUSED to discuss ANY aspect of the case.

Why?

First of all, it isn't helpful to the defendant.
Secondly, if you and the accused discuss the case, YOU could find yourself on the witness stand.

If you know nothing about the case, you'll likely avoid being FORCED under power of a summons to testify in open court as to the conversation(s).

Bottom line, most people aren't eager to assist the state in convicting a pal or loved one.

Talk about flowers, vacations, cute animals, dumb people, kind people; just don't discuss any aspect of her/his case.

A person would be very foolish to ignore any court order.

In true Columbo fashion, one more thing, mate.

The reason the person's license is valid is because he/she is presumed INNOCENT unless and until convicted in a court of law.

Your recitation of this incident reveals he/she went on the lam for a decade.

Legally, he/she is as innocent as a two day old newborn.

However, her/his recent actions revealed her/his presence to the authorities, hence his/her present predicament.

You appear to be tempting fate, too.

It would be prudent if you removed him/her from your insurance policy.

If he/she wants insurance, WHY doesn't he/she procure it?

If he/she is not your spouse, allowing him/her to be added to your insurance policy could end up costing you mucho loot, and lotsa trouble.

 

[adjusterjack]

Can they come 10+ years later after him for these??

Obviously, they can because they are.

This seems absurd.

To you, of course, but not to the person who sent that notice of hearing.

Time for a lawyer.

 

[Tax Counsel]

Is this legal ? Can they come 10+ years later after him for these??

An explanation of how the criminal statutes of limitation (SOL) work may help you to understand why the state might still be able to pursue it after all these years. The SOL refers to the time that the state has to file the charges against the accused. If the prosecutor filed the charges within the SOL period then the SOL has been met and is not an issue any more. There may be other defenses that the accused would have related to the lapse of time, like violation of the state and federal speedy trial rights, but he would need to go to court to assert those defenses. So, he really ought to talk to a DUI lawyer, and only a lawyer, about the charges. As army judge points out, nothing good (and possibly a lot bad) can come from him talking with someone else, including relatives and friends, unless that person is a lawyer licensed in that state. He should not ignore this. Time to see a lawyer.