Unsigned DWI Ticket – State v. Fisher

This morning, the New Jersey Supreme Court released its opinion in State v. Fisher. Fisher dealt with a dwi case where the police officer neglected to sign the ticket within the applicable statute of limitations period in N.J.S.A. 39:5-3. (Note that in the case, the time limit is 30 days. It has since been expanded to 90 days.)

Because New Jersey law favors the disposition of traffic offenses on the merits as opposed to technicalities, the Justices ruled that rather than dismissing the complaint, the Court must allow the State to correct this technical defect even after the statute of limitations has expired. This holding by the Supreme Court is new law and overrules an older Appellate Division case which reached a contrary result.

Download a copy of State v. Fisher

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