Can a DWI Be Dismissed in New Jersey?
- Dan T. Matrafajlo
- Mon Jan 2024
Any type of drunk driving conviction can lead to serious legal consequences under New Jersey law. The repercussions of driving while under the influence (DWI) can impact not only your personal life but also your professional prospects. It is best to immediately hire an aggressive New Jersey DWI defense attorney to avoid a conviction.
However, just because you have been arrested on DWI charges, it doesn’t necessarily mean that your attorney won’t be able to win have the charges dismissed. A skilled lawyer can help you understand the impact of your charges and represent your best interests in court.
When Can a Drunk Driving Conviction Be Dismissed?
New Jersey law allows DWI charges to be dismissed under certain circumstances, depending on the specific facts of the case and the evidence available. Below are some ways a DWI charge can be dismissed in New Jersey:
- Arresting officer misused a breathalyzer
- Arresting officer failed to follow legal procedure
- arresting officer used a non-standard field sobriety test
These are only some of the ways your attorney can fight for you and avoid a conviction of your drunk driving charges. It is best to immediately consult with an attorney to make sure you protect your legal rights and have the best fighting chance at avoiding the consequences of a DWI conviction.
Can DWI Charge Be Negotiated to a Plea Bargain in New Jersey?
A plea bargain is an agreement between the prosecutor and defendant pertaining to the terms of the case. In a plea bargain, the defendant agrees to plead guilty to lesser charges than the ones originally filed by the prosecutor in exchange for the dismissal of the more serious charges.
Plea bargaining may also be used in certain cases in the sentencing stage for lesser penalties.
New Jersey state law does not allow prosecutors to engage in “plea bargaining” to dismiss or reduce drunk driving charges. However, prosecutors have some flexibility when it comes to DWI “companion charges” like reckless driving or careless driving.
However, even though DWI charges cannot be plea bargained to a lower violation, there may be certain options available, such as convincing the prosecutor to recommend the lowest punishment. The bottom line is that although “plea bargaining” a DWI charge to a less severe traffic violation is no allowed in New Jersey, the type of bargaining over the adjustable penalties for a DWI conviction is impossible without the help of an experienced NJ DWI attorney who is familiar with the complex laws in the state.
Contact Us Today!
If you have been arrested for drunk driving, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404.