It was held in State v. Brennan, 229 N.J. Super. 342 (App. Div. 1988) that when a police officer neglects to sign a summons and complaint within the statute of limitations period, that failure constitutes a fatal defect to the ability of the State to proceed. However, Brennan was overruled by State v. Fisher, 180 N.J. 462 (2004) which held that an officer may correct a technically invalid ticket by signing it even after the limitations period. Therefore, an unsigned ticket generally does not mean that your ticket will be automatically dismissed.
When Police do not Sign Ticket or Summons in New Jersey
December 1, 2009
Anthony J. Vecchio, Esq.
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