Negotiating DUI Plea Deals in New Jersey

Navigating DUI Plea Bargains in New Jersey

Getting arrested for driving under the influence (DUI) in New Jersey can be an incredibly stressful and confusing experience. Many drivers wonder if they can plea bargain or negotiate with prosecutors to reduce the charges or penalties. Unfortunately, the reality is that New Jersey has strict rules prohibiting plea bargains for DUI cases[1]. However, working with an experienced DUI defense attorney can still make a major difference in the outcome of your case. This article provides an overview of New Jersey DUI law and the limited options for plea agreements and charge reductions.

The Basics of New Jersey DUI Law

New Jersey’s DUI law, N.J.S.A. 39:4-50, sets out penalties for first, second, and third DUI offenses[2]. These penalties can include fines, license suspension, ignition interlock device requirements, and even jail time. Under state law and guidelines from the New Jersey Supreme Court, prosecutors cannot engage in “plea bargaining” to dismiss or reduce drunk driving charges[3].

However, prosecutors have some flexibility when it comes to DUI “companion charges” like reckless driving or careless driving. These related charges may be eligible for plea agreements or dismissal after a DUI conviction[4]. Experienced DUI attorneys understand these intricacies and can advise clients on all options.

Why Can’t DUI Charges Be Plea Bargained in New Jersey?

In 1990, the New Jersey Supreme Court adopted guidelines prohibiting any plea bargains for DUI or DUI refusal cases[5]. The goal was to crack down on drunk driving by removing any incentive for prosecutors to reduce charges. The Attorney General’s Office has also barred such plea deals.

As a result, the only way DUI charges can potentially be dismissed or downgraded is if there are legitimate proof issues with the prosecutor’s case. For example, if there were problems with the breath or blood testing procedures. Identifying these technical deficiencies requires an in-depth understanding of DUI defense that an experienced attorney can provide.

Working with a DUI Attorney on Plea Options

While outright charge dismissal is very rare, a skilled DUI lawyer can still negotiate with prosecutors, especially when it comes to sentencing and penalties. This involves leveraging any weaknesses in the state’s case and making sure you understand all options.

For example, an attorney may negotiate allowing a first-time offender to enter a pre-trial intervention (PTI) program instead of jail time. They could also try to minimize license suspension periods or seek permission for specialized driving privileges.

In addition, prosecutors have discretion over which DUI penalties to pursue. There may be room to negotiate on length of jail sentences, size of fines, or requirements for an ignition interlock device. An attorney serves as your advocate to secure the most favorable outcome possible.

Companion Charges: The Exception to No Plea Bargains

As mentioned above, prosecutors maintain discretion over DUI “companion charges” like:

• Reckless driving
• Careless driving
• Unsafe operation of a motor vehicle

These related charges may be eligible for reduction or dismissal, even after a DUI plea or conviction. The key is that companion charges do not fall under the strict no plea bargain rules for DUI offenses.

As a result, many DUI plea agreements involve pleading guilty to DUI in exchange for dropping or downgrading companion tickets. An experienced attorney can advise if you have any companion charges that could be bargaining chips in negotiations.

Enlisting an Attorney’s Help with DUI Pleas

Trying to navigate New Jersey’s complex DUI laws and sentencing options on your own can be extremely difficult. While plea deals are limited, an skilled DUI lawyer understands all avenues that may lead to charge or penalty reductions.

Key reasons to have an attorney by your side during DUI plea negotiations include:

• Identifying Any Proof Issues: An lawyer can scrutinize all testing procedures and police reports to spot any openings to get charges dismissed entirely.
• Negotiating Sentences & Penalties: While dismissing the DUI may be unlikely, an attorney can leverage weaknesses to minimize fines, jail time, license suspension, and other consequences.
• Guiding Companion Charge Pleas: If you have related reckless driving or careless driving tickets, a lawyer can advise if pleading down these companion charges could help offset DUI penalties.
• Avoiding Uninformed Decisions: Trying to negotiate with prosecutors without understanding DUI laws can lead to hasty, under-informed choices that worsen outcomes.

An attorney has your best interests in mind and wants to secure the best possible result. This peace of mind can be invaluable during an already high-anxiety time.

Questions to Ask When Hiring a DUI Lawyer

If you or a loved one is facing DUI charges, enlisting an experienced attorney is highly recommended before entering any plea deals. Key questions to ask prospective lawyers include:

• How many DUI cases have you handled in New Jersey? Look for substantial experience specifically with NJ DUI laws.
• What is your track record with DUI dismissals and reductions? Make sure to ask about recent case examples and outcomes.
• Are you familiar with prosecutors and judges in my jurisdiction? Local familiarity can often lead to better plea negotiations.
• If I have companion charges, how can these help secure a favorable plea deal? Find out if they have strategies for leveraging related charges.
• What alternative sentencing programs might I qualify for? See if they have a record of securing pre-trial intervention, rehab programs, and other alternatives to jail.
• What payment plans do you offer? Reputable DUI lawyers offer flexible payment options to ease the financial burden.

Don’t Go It Alone: Consult with a DUI Attorney Today

Being arrested for drunk driving in New Jersey is extremely serious, with penalties that can disrupt your life for years. While plea bargaining options are limited under state law, working with an experienced DUI defense attorney is critical for maneuvering the complexities of DUI cases and negotiations. Take advantage of a free case evaluation today to discuss your best path forward. With an lawyer guiding you, it is possible to minimize penalties and emerge in the best position possible.