Can I “plea bargain” a New Jersey DWI charge?
The New Jersey Supreme Court has instructed Municipal Courts that No plea agreements whatsoever are allowed in New Jersey DWI cases. A DWI charge is not like a minor moving violation that is often plea-bargained down to a lesser charge by most prosecutors. In some cases, a Prosecutor may however, dismiss a DWI charge where the State is convinced they will not be able to prove the charge beyond a reasonable doubt. When a Prosecutor believes that he cannot convict, he is duty-bound ethically to dismiss the charge or reduce it to one that conforms to the evidence. I have defended many cases where the Prosecutor has conceded that the he could not prove the DWI beyond a reasonable doubt. In those cases, the DWI has either been dismissed or amended to a charge that conforms to the proofs (such as careless driving or reckless driving). This is however, distinguishable from a plea-bargain.
The New Jersey Supreme Court has instructed Municipal Courts that No plea agreements whatsoever are allowed in New Jersey DWI cases. A DWI charge is not like a minor moving violation that is often plea-bargained down to a lesser charge by most prosecutors. There is one exception – a Prosecutor can recommend dismissing a Refusal to Submit Charge if a Defendant pleads guilty to the companion DWI charge. In some cases, a Prosecutor may however, dismiss a DWI charge where the State is convinced they will not be able to prove the charge beyond a reasonable doubt. When a Prosecutor believes that he cannot convict, he is duty-bound ethically to dismiss the charge or reduce it to one that conforms to the evidence. I have defended many cases where the Prosecutor has conceded that the he could not prove the DWI beyond a reasonable doubt. In those cases, the DWI has either been dismissed or amended to a charge that conforms to the proofs (such as careless driving or reckless driving).
The New Jersey Supreme Court has instructed Municipal Courts that No plea agreements whatsoever are allowed in New Jersey DWI cases. A DWI charge is not like a minor moving violation that is often “plea-bargained” down to a lesser charge by most prosecutors. In some cases, a Prosecutor may however, dismiss a DWI charge where the State is convinced they will not be able to prove the charge beyond a reasonable doubt. When a Prosecutor believes that he cannot convict, he is duty-bound ethically to dismiss the charge or reduce it to one that conforms to the evidence. I have defended many cases where the Prosecutor has conceded that the he could not prove the DWI beyond a reasonable doubt. In those cases, the DWI has either been dismissed or amended to a charge that conforms to the proofs (such as careless driving or reckless driving). This is however, distinguishable from a “plea-bargain.
