My friend was arrested in 10/08 for DUI, he had a court date in 01/09 which was postponed. To date he has not received anything further from...

Question

My friend was arrested in 10/08 for DUI, he had a court date in 01/09 which was postponed. To date he has not received anything further from the courts on this case. Is there a statue of limitations in the state of NJ regarding this? He still has his drivers license but it has expired. Will it be renewable?

Answer

Your friend should get off his hands and call the court. There may be a warrant for his arrest for failure to appear in court because he did not receive the court notice. The statute of limitations

sets the time within which A COMPLAINT MUST FILED. Once a complaint is filed in a timely manner the statute of limitation does not apply.

Call me if youi like, tomorrow.

Answer

With all due respect, I disagree with Mr. Moore. I have seen DUI prosecutions "lost", which gives your friend time to show good judgment and behavior. IF help is needed, he should GET HELP, for himself, for those who love him, and to protect others. Try to renew the DL. If he can't, THEN get an attorney.

Answer

He should try for the renewal. If there's a problem with the renewal, that likely means he might also have a warrant. It's possible for a case to go away, but sometimes people say they didn't get a new court date and they did, or mail went to the wrong place...

Answer

Your friend needs to call an attorney immediately and get this resolved. Perhaps the delay of time will help him. But he does not want to be surprised by an arrest when he least expects it.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me at 856-546-8010 to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

Answer

The statute of limitations does not apply in this case since the charge was already filed. However, if it turns out that the court just never scheduled a court date for no good reason, then your attroney can file a motion to dismiss the case for failure to provide a speedy trial. If the reason that there has been no court date is because your friend missed a court date then he cannot renew his license until he gets his DUI case heard. If this is not the reason, then he can get his license renewed. Please call me to discuss this case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.- 908-272-0111

www.njworkerscompensationlaw.com