Category: Blog
Mitigating factors can significantly impact the outcome of a DUI case, especially when those factors reflect a client’s clean record, community standing, or other personal circumstances. In this article, we’ll use some case studies that highlight how this process works in three unique real-life scenarios. Keep reading to learn more about: Why individual factors like immigration status or recent medical procedures can influence DUI/DWI case outcomes. How specific mitigating factors, such as a clean record, community support, or proactive recovery efforts, can lead to reduced charges. Real-life examples that show how a skilled attorney can use your personal circumstances to… Read More
Mitigating factors can significantly impact the outcome of a DUI case, especially when those factors reflect a client’s clean record, community standing, or other personal circumstances. In this article, we’ll use some case studies that highlight how this process works in three unique real-life scenarios. Keep reading to learn more about: Why individual factors like immigration status or recent medical procedures can influence DUI/DWI case outcomes. How specific mitigating factors, such as a clean record, community support, or proactive recovery efforts, can lead to reduced charges. Real-life examples that show how a skilled attorney can use your personal circumstances to… Read More
Are There Any Restrictions on Plea Bargaining for DWI Cases Involving Accidents or Injuries? Plea bargaining DWI cases involving accidents or injuries is subject to significant challenges. The severity of the incident and victim input, among other consequences, all play fundamental roles in shaping the potential for negotiation. Defendants and their attorneys must navigate these realities carefully, understanding the constraints and preparing for rigorous negotiations to achieve the best possible outcome for their clients. Severity of the Incident When a DWI case involves serious bodily injury, the cases are usually handled by a county prosecutor rather than a municipal prosecutor.… Read More
How Does The New Plea-bargaining Law Affect Repeat DWI Offenders In New Jersey? The new plea-bargaining law in New Jersey brings significant considerations for repeat DWI offenders. Defense attorneys should examine the validity of previous convictions by obtaining police reports and transcripts of the plea proceedings. If defects in the case are found, there might be grounds to vacate the prior conviction. This is rare, to be sure. Alternatively, ambiguity regarding the validity of a prior conviction might lead the prosecutor to ask the court to disregard it during sentencing. Each of the following factors impact plea bargains for repeat… Read More
What Are Some Of The Potential Benefits Of Accepting A Plea Bargain In A DWI Case? Accepting a plea bargain in a DWI case offers significant advantages by reducing immediate penalties, mitigating long-term consequences, avoiding the uncertainties of a trial, and potentially leading to lesser charges. These benefits highlight the strategic value of plea bargaining as a tool for managing and minimizing the impact of a DWI charge on a defendant’s life. We’ll discuss them and some key benefits further here. Reducing Immediate Penalties A plea bargain can result in less severe driving restrictions. For example, it may allow you… Read More
What Are the New Details of Plea Bargaining in New Jersey DWI Cases in 2024? On February 23, 2024, significant changes were introduced to plea bargaining in DWI (Driving While Intoxicated) cases in New Jersey. These changes allow for more flexible and compassionate plea bargaining. Prosecutors can now consider a broader range of factors, yet the new rules still require careful implementation and adaptation to ensure they are fairly and consistently applied. The crux of these changes is how the Supreme Court withdrew Guideline Four. This guideline prohibited plea bargaining in DWI cases. The decision to withdraw Guideline Four followed the… Read More
Facing a DWI charge is stressful and shouldn’t be taken lightly. In New Jersey, the terms DWI (driving while intoxicated) and DUI (driving while under the influence) are used interchangeably, and the penalties include a wide range of consequences. From driving privilege forfeiture to mandatory ignition interlock device installations and court-imposed fines, the punishment for DWI can be costly. What’s more, depending on whether it is a first, second, or third offense, you could face higher fines or mandatory jail time. In this article, you will discover: The different penalties that exist for first, second, and third DWI offenses in… Read More
In this article, you’ll learn about: How New Jersey’s new voluntary IID (Ignition Interlock Device) law can reduce license suspension periods for DUI convictions starting in 2024. Why timing matters when installing an IID voluntarily and how it could impact your case. The potential limitations and challenges to using IID installation as a strategy, especially for repeat offenders or cases involving serious injury. How Can Voluntary Ignition Interlock Device Installation Reduce My License Suspension Period After A DWI In New Jersey? Since the passing of Bill S-3011/A-4800 in February 2024, you may be able to reduce your license suspension period… Read More
What Is The New Voluntary Ignition Interlock Device (IID) Law In New Jersey? This new law, introduced as part of Bill S-3011/A-4800 and signed by Governor Phil Murphy, went into effect on February 19, 2024. It reduces the penalties for certain DWI offenses by introducing a credit option for people who are charged with DWI and choose to install an Ignition Interlock Device (IID) in their vehicles before they’re formally convicted. Under the law, drivers charged with specific DWI offenses can choose to install an IID to earn credits that may reduce their overall penalties. By offering this incentive, the… Read More
A New Jersey State Police Breath Test Coordinator Instructor, the official responsible for checking calibration of breath testing instruments used for most DWI prosecutions in New Jersey, was indicted this week. Marc Dennis is accused of official misconduct, false swearing, and records falsification because, according to the New Jersey Attorney General, he failed to perform a required step necessary to assure correct temperature measurements by the Alcotest 7110 MK-III C. The Attorney General estimates that 20, 667 cases in the past seven years in Monmouth, Ocean, Middlesex, Union, and Somerset Counties could be affected. The Attorney General petitioned the New… Read More