State of New Jersey v. TAMMY BUCZKOWSKI (A-4671-05T1)

Submitted November 14, 2006 - Decided - July 18, 2007

[07/18/07 10:25 pm] This morning’s Appellate Division holding in State
v. Buczkowski may bring about certain fundamental changes in current
municipal court practice. In Buczkowski, the Appellate Division held that the
general statute of limitations for motor vehicle offenses under N.J.S.A. 39:5-3(a)
requires that service of process (invariably a summons) upon the
defendant must occur within the limitation period provided under the law, which
for most traffic offenses is 30 days. In the Buczkowski case, the police
issued and filed with the court a reckless driving complaint against the
defendant on the 30th day following the commission of the offense. However, the
police never served the summons and complaint on the defendant. Rather, they
waited 142 days and then mailed process to her. The Appellate Division, in
deciding the case, affirmed a dismissal of the charge from the Law Division as
being outside the statute of limitations since process had not been served
on the defendant within 30-days from the date of the offense. The holding in
this case will now require that a summons and complaint charging a traffic
offense be both filed with the court and served upon the defendant within
the applicable statutory period under N.J.S.A. 39:5-3.

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