Late Filing of DWI Mun. Appeal Is a Fatal Defect – State v. Patyrak (UNP)

State v. Patyrak is an UNPUBLISHED Appellate Division decision that serves as a reminder on how easy it is to mess up a municipal appeal by failing to meet the time requirements. In this case, late filings, missed filings, filings by mail and a host of other procedural difficulties resulted in the defendant having his appeal dismissed.

This is an important case in that it provides detail on the precise steps that must be followed when pursuing a municipal appeal.

Note – Although not an issue in this case, it is important to remember that many judges do not properly advise defendant’s about their right to appeal. This failure may result in some latitude in the filing of these appeals out of time. See State v. Martin, 335 NJ Super. 447 (App. Div. 2000).

Download a copy of the UNPUBLISHED decision in State v. Patyrak

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