Plea Bargaining In DWI Cases 2024

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 Three. This guideline prohibited plea bargaining in DWI cases. The decision to withdraw Guideline Three followed the enactment of a statute by the New Jersey legislature that specifically authorized plea bargaining. Here’s a detailed look at what has changed:

Judicial Authority

New Jersey is unique in that the Chief Justice of the state has the power to establish rules of practice and procedure. If these rules conflict with a statute enacted by the legislature, the Chief Justice’s rule takes precedence, provided it pertains to practice and procedure. Historically, plea bargaining fell under this category.

Previous Restrictions

Before the change, prosecutors and defense attorneys faced ethical consequences for engaging in plea bargaining in DWI cases. This could range from reprimands to suspension or disbarment. With the removal of Guideline Three, these consequences are no longer a concern.

New Plea-Bargaining Parameters

Prosecutors can now openly engage in plea bargaining for DWI cases. However, this does not mean an automatic dismissal of cases. Prosecutors can now consider factors that were previously ignored, such as:

• Immigration status
• Employment consequences
• Housing consequences
• Educational opportunities

Previously, plea bargains were limited to cases with evidentiary weaknesses, such as inadmissible breath test results or ambiguities in observational evidence.

Additional Options for Traffic Offenses

The new statute introduces additional sentencing options for traffic offenses. Previously, committing a traffic offense could result in a fine and, in cases of willful conduct, a revocation of driving privileges. Now, prosecutors can recommend the installation of an alcohol ignition interlock device (IID), which is already a component of most DWI sentences (except for first-time drugged-driving offenders).

The transition to these new plea-bargaining rules will take time. Many prosecutors are used to resolving cases based solely on their merits and may continue to request expert reports to support their decisions. Doing so offers them protection against accusations of improper plea bargaining by demonstrating reliance on expert opinions. However, the role of these reports may evolve as prosecutors become more comfortable with the new guidelines.

How Does the Plea-Bargaining Process Work for DWI Cases Under the New Law?

The plea-bargaining process in DWI cases is now more flexible, allowing prosecutors to consider a broader range of factors in a case. This change aims to balance fair outcomes with the enforcement of DWI laws, providing defendants with more tailored and potentially favorable plea agreements.

Under the new law, plea bargaining in DWI cases in New Jersey involves several steps aimed at achieving the best possible outcome for the client. Here’s an outline of how the process typically works:

Understanding The Case

The defense attorney’s first step is to thoroughly understand the case. This involves:

• Reviewing all evidence, including police reports, breath test results, and blood test results.
• Identifying any defects or weaknesses in the prosecutor’s evidence, such as improper procedures for administering tests or chain of custody issues. 

The underlying goal is to build a strong defense by finding weaknesses in the prosecution’s case.

Understanding The Client

Next, the attorney must understand the client’s specific circumstances, namely by:

• Assessing the client’s job and commuting needs.
• Determining immigration consequences and reciprocal consequences for out-of-state licensed drivers.
• Identifying occupational consequences.
• Considering other personal factors like childcare responsibilities and whether the client has multiple jobs.

This helps in determining what kind of plea offer would be acceptable and beneficial for the client.

Attorney John Menzel, based in New Jersey, is a distinguished legal professional in DWI law with a thorough understanding of the recent changes to plea bargaining in DWI cases. With years of experience and a successful track record, John has guided countless clients through the complexities of DWI charges, ensuring fair and favorable outcomes. His deep knowledge of the legal landscape, combined with his personalized approach, makes him uniquely qualified to assist clients in navigating these new legal waters effectively.

Contact John Menzel J.D. today to schedule an initial consultation and secure the legal guidance you need.
He’ll answer your questions and get your case started!

Discussing Alternatives

Once the attorney has a comprehensive understanding of both the case and the client’s situation, they should discuss potential plea options with the client:

• Explaining the range of penalties and what they mean in practical terms.
• Exploring different alternatives that might be acceptable, taking into account the client’s personal and professional needs.

Negotiating with the Prosecutor

With the client’s preferences and the case details in mind, the attorney will then approach the prosecutor. It’s common to let the prosecutor make the first offer. Typical plea offers might include:

• Lower Tier Sentence: For first offenders with a breath test result less than 0.10, or no breath/blood test result, the penalties are lighter.
• Middle Tier Sentence: For those with a breath test result between 0.10 and 0.14.
• Upper Tier Sentence: For those with a breath test result of 0.15 or higher.

Penalties escalate significantly between these tiers, especially when the duration of driving privilege forfeiture and the alcohol ignition interlock device are in question.

Penalty Differences

Understanding the differences in penalties is important to effectively navigate the situation you may find yourself in, make informed decisions along the way, and achieve the best possible outcome for your case. They include:

• Lower Tier: A three-month interlock restriction.
• Upper Tier: A four to six-month driving privilege forfeiture followed by 12 to 15 months of interlock restriction.

There’s also an initial one or two-day license revocation period to get the interlock device installed and obtain the new restricted license.

Client Decision

Your attorney will explain these differences to you in detail, ensuring you understand the implications of each option. If the prosecutor’s offer is reasonable and acceptable, it may be worth it to accept it. 

Going to Trial

If the prosecutor’s offer is not acceptable, your case will proceed to trial. The judge then makes the final decision based on the presented evidence.

What Factors Are Considered When Negotiating a Plea Bargain in a DWI Case in New Jersey?

When negotiating a plea bargain in a DWI case in New Jersey, several factors are considered beyond the merits and quality of the evidence. These factors provide a framework for defense attorneys and prosecutors to negotiate plea bargains in DWI cases, aiming for outcomes that balance justice with the personal circumstances of the defendant.

The legal system seeks to ensure that plea bargains are fair, reasonable, and appropriate, given the individual case and defendant. Here are some key considerations to keep in mind as you think through these matters:

Quality Of Proofs

• The strength of evidence, such as the reliability and admissibility of breath or blood test results.
• Procedural issues, such as any defects in the arrest process or testing procedures that weaken the prosecution’s case.

Background

This takes into consideration things such as the age and prior criminal record. It also includes examining the nature and circumstances of the offense, covering things such as:

• Precisely how the offense occurred.
• Whether the defendant cooperated during the arrest.
• Whether there were any aggravating circumstances, such as involvement in an accident, presence of minors, etc.
• If the incident occurred within the context of other offenses, such as domestic violence.

Consequences for the Defendant

Being convicted of a crime has far-reaching impacts across your entire life. The new interpretation of the law allows for consideration of this, namely vis-à-vis:

• Employment impact, including potential job loss or professional consequences.
• Military service, namely the impacts on current or future military service.
• Immigration status and whether you would be subject to possible deportation or other immigration-related issues.
• Educational opportunities, especially for current students or those seeking admission to educational institutions.
• Government benefits, namely the effects on eligibility for housing, welfare, or other government assistance programs.
• Family responsibilities, such as being the primary caregiver of a child with special needs.

Other Considerations

While it’s generally discouraged, sometimes the potential to assist law enforcement as a confidential informant can be considered. Defense attorneys can also present unique and compelling personal factors to persuade prosecutors to amend, downgrade, or dismiss charges.

In addition to this, a memorandum issued by the attorney general on August 29, 2018, during the decriminalization of marijuana, suggested considering various personal and social factors when negotiating plea bargains.

For more information on Plea Bargaining in DWI Cases 2024, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 218-9090 today.