Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. GERALD E. NUNNALLY -- rank: 1000

... made within ninety days after the commission of the offense. N.J.S.A. 39:5-3(b). This provision operates as a statute of limitations in ...

docket:	a6031-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-04
status:	published
citation:	420 N.J. Super. 58 18 A.3d 1044
Document Size:	49556

2 STATE OF NEW JERSEY V. SCOTT J. SIRVENT -- rank: 991

... summonses and complaints against defendant as not timely filed under N.J.S.A. 39:5-3," and remanding the case to the municipal court for trial ... contends that the municipal complaints were barred as untimely under N.J.S.A. 39:5-3, that the doctrine of equitable estoppel cannot be used to ... shall be no requirement for a finding of probable cause. N.J.S.A. 39:5-3, regarding the issuance of process, was fully complied with in ... issued within thirty days of the occurrence as directed by N.J.S.A. 39:5-3 and defendant's convictions for [violations of chapters 3 and ... even at the trial date (notwithstanding that the ... limitation of N.J.S.A. 39:5-3 had expired) such relief would have been appropriate"). Moreover, R ... estoppel provides a basis for tolling the time limits of N.J.S.A. 39:5-3. IV.     The judgment of the Law Division is affirmed, ...

docket:	a4521-95
court:	njappellate
decided:	1997-01-07
status:	published
citation:	296 N.J.Super. 279
Document Size:	26670

3 STATE OF NEW JERSEY v. MARC LIEBESKIND -- rank: 918

... procedure for issuing process for traffic summonses is contained in N.J.S.A. 39:5-3(a) and Rule 7:2-4. N.J.S.A. 39:5-3(a) provides in pertinent part: When a person has violated ... within thirty days after the commission of the offense. See N.J.S.A. 39:5-3(a) and (b). Those provisions operate as a statute of ... 420 N.J. Super. 58 , 64 (App. Div. 2011). Additionally, N.J.S.A. 39:5-3(a) ensures that a defendant receives timely notice of the ... § 7.3, at 624 (3d ed. 2001) (explaining that N.J.S.A. 39:5-3 "encourages police and other municipal officials to issue process on ... of time"). When process is timely, as in this case, N.J.S.A. 39:5-3(a) is satisfied. [ Fisher , supra , 180 N.J. at ...

docket:	a0644-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-29
status:	unpublished
citation:
Document Size:	61903

4 JOSEPH A. GARDI v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 860

... h N . J . S . A . 3 9 : 5 -3 0 , N . J . S . A . 39: 5 - 3 0 . 1 0 a nd N . J . A . C. 1 ...

docket:	a6011-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-04
status:	unpublished
citation:
Document Size:	274132

5 STATEOF NEW JERSEY v. MINA GIRGIS -- rank: 782

... days had passed since the alleged refusal offense occurred. See N.J.S.A. 39:5-3(b). The municipal court judge denied the motion. Defendant then ... offense; and (2) the summons could not be amended because N.J.S.A. 39:5-3(b) requires that a complaint for refusing to provide breath ... address defendant's contention that the statute of limitations in N.J.S.A. 39:5-3(b) precluded the State from amending the summons to cite ...

docket:	a1501-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-02
status:	unpublished
citation:
Document Size:	36814

6 PHILLIP M. HAASE - v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 739

... limitations applicable to the issuance of motor vehicle summonses under N.J.S.A. 39:5-3; and (3) the MVC improperly denied his request for a ... next reject Haase's statute of limitations defense, predicated on N.J.S.A. 39:5-3, which requires a complaint to be made to a judge ...

docket:	a4670-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-23
status:	Published
citation:
Document Size:	20084

7 STATE OF NEW JERSEY v. THOMAS FRAIN, JR -- rank: 669

... substantial compliance with Rule 7:2-4(b)(1) and N.J.S.A. 39:5-3(a), and there were no grounds under State v. Buczkowski ... ME DUE TO LACK OF PROPER, TIMELY NOTICE REQUIRED UNDER N.J.S.A. 39:5-3(A), THE "30 DAY RULE" AND [] R. 7:2-4 ... was accomplished within thirty days of the offense, thereby satisfying N.J.S.A. 39:5-3(a). We find nothing amiss in the issuance of the ...

docket:	a5059-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-03
status:	unpublished
citation:
Document Size:	27314

8 State of New Jersey v. John W. Fisher -- rank: 666

... time of stop, DWI charge was not time-barred under N.J.S.A. 39:5-3 “encourages police and other municipal officials to issue process on ... invalid. Id. at 345-46. It, nonetheless, concluded that under N.J.S.A. 39:5-3, the State could remedy the error within thirty days of ... days . . . would be a fatal defect within the intendment of N.J.S.A. 39:5-3[,]” requiring dismissal of the charge. Id. at 349. In applying N.J.S.A. 39:5-3, the Brennan court relied on the premise that we have ... 2002. Footnote: 2 Effective August 3, 2002, the Legislature amended N.J.S.A. 39:5-3 to extend the service-of-process period for DWI offenses ...

docket:	a-48-03
court:	njsupreme
decided:	2004-07-12
status:
citation:	180 N.J. 462
Document Size:	28939

9 STATE OF NEW JERSEY v. VINCENT R. CHILES -- rank: 646

... WITH PREJUDICE. II. THE JUDGE LACKED JURISDICTION IN CONTRADICTION TO N.J.S.A. 39:5-3(c). ALLEGED VIOLATION OCCURRED AT ROCK AVENUE AT ROUTE 22 ... defendant entered the intersection against a 1 We note that N.J.S.A. 39:5-3(c), which concerns prosecutions for violations of Title 39, provides ... Williams, 136 N.J. Super. 544, 551 (Law Div. 1975) (' N.J.S.A. 39:5-3 does give a municipal policeman territorial jurisdiction over the entire ...

docket:	a2295-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-22
status:	Unpublished
citation:
Document Size:	19183

10 STATE OF NEW JERSEY v. FRANK NICOLOUDAKIS -- rank: 640

... being tried in the wrong municipal court lacked merit because N.J.S.A. 39:5-3(c) provided that when a violation occurs on a street ... based on its readings. The Law Division judge agreed that N.J.S.A. 39:5-3(c) authorized the trial of the matter in either municipality ... 11-3(e)(2). We add the following brief comments. N.J.S.A. 39:5-3(c) establishes the procedure followed in this case. Defendant was ...

docket:	a2782-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-06
status:	unpublished
citation:
Document Size:	14332

11 STATE OF NEW JERSEY v. DEAN A. PORTER -- rank: 631

... Division merely misapplied the so-called curb-to-curb statute, N.J.S.A. 39:5-3(c). We disagree. N.J.S.A. 39:5-3(c), which provides a jurisdictional framework for traffic offenses, states ...

docket:	a1003-11
court:	NJ Superior Court Appellate Division
decided:	2011-09-15
status:	unpublished
citation:
Document Size:	29769

12 STATE OF NEW JERSEY v. PETER DICKSON -- rank: 513

... Brunswick tickets based upon the ninety-day statute of limitations, N.J.S.A. 39:5-3(b). On June 28, 2016, the Middlesex County Prosecutor's ...

docket:	a4102-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-12
status:	unpublished
citation:
Document Size:	20878

13 STATE OF NEW JERSEY v. JOHN W. FISHER, -- rank: 507

... 229 N.J. Super , 342, 349 (App. Div. 1988), and N.J.S.A. 39:5-3.     The State appeals under R . 2:3-1b(1), arguing ... sign the summons within the thirty-day limitation prescribed in N.J.S.A. 39:5-3 was a “technical omission.” Nevertheless, we held: that failure to ... defendant, would be a fatal defect within the intendment of N.J.S.A. 39:5-3. The process or summons “issued” ought not be sustained without ...

docket:	a4063-02
court:	njappellate
decided:	2003-09-18
status:	published
citation:	363 N.J. Super. 108
Document Size:	8992

14 STATE OF NEW JERSEY VS JAMES T. WHITE -- rank: 452

... The arrest and search in Williams was actually validated under N.J.S.A. 39:5-3. This situation differs from the one before us which was ...

docket:	a1895-96
court:	njappellate
decided:	1997-11-21
status:	published
citation:	305 N.J.Super. 322
Document Size:	30895