Kuchman v. Ingham
Kuchman v. Ingham
Opinion of the Court
The desire of prosecutor is to review a conviction before the recorder of drunken driving, on the ground that said recorder was without jurisdiction because the complaint had not been made within twenty-four hours after the offense.
What happened was that prosecutor was arrested on October 11th by a police officer for drunken driving, at the scene of an accident; was brought promptly before the recorder; released on what seems to have been cash bail, for appearance on October 30th, and on that date a complaint of drunken driving was filed, and warrant issued.
For prosecutor it is claimed that the complaint should have been lodged within twenty-four hours after the arrest; but I cannot find any such requirement in the statute. The twenty-four hours clause relates solely to a limit of “detention,” i. e., temporary deprivation of liberty. As regards the time limit on commencement of an action for the statutory penalty provided by R. S. 39:4-50; N. J. S. A. 39:4-50,
Allocatur of certiorari is therefore denied.
Reference
- Full Case Name
- ANDREW KUCHMAN, PROSECUTOR v. JOHN INGHAM, RECORDER OF THE TOWNSHIP OF MAPLEWOOD
- Cited By
- 1 case
- Status
- Published