Latest / BSPE Legal Marketing Podcast / Can You Get a Plea Bargain for a DUI in New Jersey? - Rachel Kugel

Transcript

Can You Get a Plea Bargain for a DUI in New Jersey? - Rachel Kugel · BSPE Legal Marketing Podcast

• 0:00
  SPEAKER_00: Can you get a plea bargain for a DUI in New Jersey?
• 0:03
  SPEAKER_00: For decades, a DUI charge in New Jersey meant facing a brutal all-or-nothing choice plead guilty as charged or risk everything at trial.
• 0:12
  SPEAKER_00: That changed in 2024, when a landmark law gave prosecutors the discretion to negotiate plea agreements in DUI cases for the very first time.
• 0:21
  SPEAKER_00: A DUI in New Jersey is prosecuted as a quasi-criminal motor vehicle violation under Title 39, rather than a traditional criminal offense.
• 0:31
  SPEAKER_00: For over three decades, Guideline 4 of the New Jersey Rules of Court, adopted in 1990, strictly prohibited plea bargains in DUI cases heard in municipal court.
• 0:41
  SPEAKER_00: The New Jersey Supreme Court upheld that ban in state by Hessen, citing public safety and the need for uniform deterrence across the state.
• 0:50
  SPEAKER_00: Then in December 2023, Governor Phil Murphy signed Senate Bill 3011, which reversed the ban and took effect in February 2024.
• 1:01
  SPEAKER_00: Under this new law, prosecutors evaluating charges under NJSA 39, 4 to 50 may now consider each defendant's unique circumstances when deciding whether to negotiate.
• 1:13
  SPEAKER_00: A successful plea deal can significantly reduce penalties, shorten license suspension periods, and offer alternatives to incarceration depending on the facts of your case.
• 1:22
  SPEAKER_00: The plea bargaining process itself unfolds privately between the defense attorney, the prosecutor, and the defendant, without the judge present during negotiations.
• 1:32
  SPEAKER_00: Defense attorneys advocate for reduced fines, shorter suspensions, or alternative sentencing options like alcohol treatment programs when the evidence weighs heavily against the accused.
• 1:43
  SPEAKER_00: Once both sides reach an agreement, a judge must still review and formally approve the terms at a plea hearing before sentencing is imposed.
• 1:51
  SPEAKER_00: Municipal prosecutors carefully evaluate chemical test results, field sobriety performance, prior driving history, and any weaknesses in the state's evidence before offering a deal.
• 2:02
  SPEAKER_00: Evidentiary gaps, like calibration errors in breath test machines, chain of custody problems, or an unlawful traffic stop, can significantly strengthen a defendant's negotiating position.
• 2:14
  SPEAKER_00: However, prosecutors are far less likely to offer reduced charges when the blood alcohol concentration is well above the legal limit, or when aggravating factors like accidents or injuries are present.
• 2:26
  SPEAKER_00: An experienced attorney can review police records, breath test machine logs, and the circumstances of your traffic stop to identify weaknesses the prosecution may not want to take to trial.
• 2:37
  SPEAKER_00: Whether a plea deal is the right path depends entirely on the strength of the state's case against you and the specific facts surrounding your stop.
• 2:45
  SPEAKER_00: Contact the Kugel Law Firm at 973 854 0098, located at 1 Gateway CTR Suite 2600, Newark, New Jersey 07102, to schedule your consultation and evaluate your DUI defense options today.