N.J. Supreme Court Opinion Withdraws Restriction in DWI Prosecutions
When you’ve been charged with a crime, one of the options your attorney may present to you is the opportunity to enter into a plea bargain, where you agree to admit to a lesser offense in exchange for the dismissal of more serious charges. Until recently, though, such an approach was unavailable to individuals in New Jersey facing prosecution for driving while intoxicated (DWI). In February 2024, the New Jersey Supreme Court issued an order, which went into effect immediately, rescinding the ban on plea agreements for DWI defendants.
Why Were Plea Agreements Not Allowed in DWI Cases?
The original prohibition dates back about 50 years, when there were significant concerns about abuses within New Jersey’s municipal courts. At that time, many of the municipal courts were operated part time and it was felt that they were particularly vulnerable to “backroom deals”. State v. Hessen, 145 N.J. 447 (1994)
In the 1980s, as conditions changed in the municipal courts, the ban was lifted on all matters except DWI and some drug offenses. In 1990, the New Jersey Supreme Court issued a recommendation, known as Guideline 4, which expressly prohibited plea deals for DWI or drug offenses. The ban was challenged in 1996, but the New Jersey Supreme Court ruled it was constitutional as an exercise of its responsibility for the criminal justice system.
The Ban Is Lifted
In 2023, a bill introduced in the New Jersey Senate proposed a change in the law, allowing plea bargains in DWI cases at the discretion of prosecutors. The legislative act was unanimously approved in both state houses and signed into law by New Jersey’s governor in December 2023, permitting plea bargains in DWI cases upon the recommendation of the prosecutor. The Supreme Court’s February 2024 order rescinded Guideline 4 to accord with the 2023 law allowing plea bargains in DWI cases.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we aggressively advocate for people in New Jersey who have been charged with drinking and driving or driving while impaired. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
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