How Mitigating Factors Can Help Your DUI Case In New Jersey
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 secure a more favorable resolution.
How Can You Use Mitigating Factors To Find Better Results In New Jersey DUI/DWI Cases?
Case Study #1: Protecting A Father From Losing His Immigration Status
In DUI cases involving immigrants, particularly those charged with additional offenses like child endangerment, the stakes can be extremely high. For example, I represented a client who was charged with DWI and child endangerment after an accident.
He was driving his child home from dinner when he accidentally veered off the road and hit a telephone pole. Fortunately, both he and his child only sustained minor injuries, but a blood test revealed a blood alcohol level slightly above the legal limit (around 0.11 or 0.12).
Ordinarily, this case might be resolved through plea bargaining. However, my client’s immigration status complicated the matter. For immigrants, a criminal conviction—even if the state does not classify it as one—can still be considered a crime and lead to deportation.
Here, the child endangerment charge was classified as a second-degree offense in New Jersey, making him ineligible for pretrial intervention (PTI), a diversion program, without the prosecutor’s approval. Under the law, to enter PTI for a second-degree offense, the defendant would have to plead guilty, admitting to the crime—a step that could have serious consequences to his ability to live in the U.S.
To avoid the need for my client to admit guilt, we negotiated to have the charge reduced from a second-degree to a third-degree offense. A third-degree charge allowed my client to enter PTI without having to give a guilty plea, which helped protect him from immigration penalties. This solution also preserved his eligibility to remain in the country, allowing him to continue supporting his family.
We took the case to the plea cut-off stage and prepared to go to trial if necessary. Fortunately, the state eventually offered a plea deal that avoided deportation and prevented a guilty plea to the second-degree charge. While this wasn’t a complete dismissal, it provided a resolution that allowed my client to keep his family intact and avoid the worst consequences of a conviction.
In cases like these, where the stakes are so high, it is sometimes necessary to bring matters to the edge of trial to secure the best possible outcome. Here, persistence paid off, allowing my client to avoid the severe penalties that would have affected his entire life.
How Driving Under The Influence Of Your Prescriptions Can Put Your Family At Risk
In another case involving child endangerment, my client faced serious charges after driving his child to school shortly after surgery. Early in the morning, he pulled into the school parking lot a bit fast, prompting others to notice that he seemed unsteady. Out of concern, the staff took his keys and called the police.
When officers arrived, they asked him to complete balance tests. Despite explaining his recent medical procedure and denying any current alcohol consumption, he struggled with the tests due to his physical condition. He had mentioned consuming a drink the night before, but a subsequent blood test showed a blood alcohol level far below the legal limit and detected only prescribed medications related to his surgery.
Initially, he was charged with second-degree child endangerment, a serious offense that typically requires defendants to formally admit guilt in court. However, my client was resolute in maintaining his innocence and unwilling to plead guilty to the charge.
We proceeded to the plea cut-off stage, ready to go to trial if necessary. Ultimately, we secured a resolution that resulted in a reduced charge, aligning with his circumstances and protecting him from the harsh penalties initially associated with the case.
The Importance Of Being Honest And Working Toward Recovery
This case highlights how persistence, combined with a careful understanding of each client’s unique situation, can lead to favorable outcomes—even in high-stakes cases. By preparing fully and being willing to take a case as far as necessary, we aim to achieve the best possible results for our clients.
In one case, my client was facing third-degree car theft charges after allegedly taking a friend’s car while in a blackout state, driving it, and eventually passing out. Recognizing the seriousness of the charges, she committed to addressing her alcoholism and entered rehab during the course of the case.
To strengthen her case, we sent an investigator to speak with the victims involved. The victims were cooperative and provided supportive statements, expressing deep concern for her recovery and sobriety. Their empathy and positive feedback allowed us to approach the prosecutor with a compelling argument.
With these favorable statements and proof of her commitment to sobriety, we were able to negotiate with the prosecutor, who ultimately agreed to drop the felony charges. In exchange, my client accepted the penalties associated with a second-offense DWI, resulting in a substantial license suspension and a long-term ignition interlock requirement. Importantly, she avoided a criminal conviction and retained a clean record.
This example shows that each case requires a tailored approach—sometimes with extensive negotiation and evidence of personal change. By exploring every angle, including victim outreach and rehabilitation, we work to secure the best possible outcomes for our clients.
Closing Thoughts
These examples show how clean records, personal circumstances, and persistence in negotiations can lead to more favorable outcomes, even in challenging DUI cases. If you have been charged with DUI and are afraid you have no other options, don’t lose hope. As you can see, there are many different ways that a skilled criminal defense attorney can help you mitigate the situation and find an outcome that protects your future and your rights under the law. Don’t lose hope. Reach out to our team for a free consultation today.
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For more information on Fighting DWI/DUI Charges In New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 218-9090 today.