If you’re facing a DWI (Driving While Intoxicated) charge in New Jersey, you might be wondering if you can negotiate with the prosecutor to have your charge reduced.
Unfortunately, unlike in many other states, New Jersey has very strict laws that make it almost impossible to plea bargain or negotiate DWI charges down to lesser offenses. Here’s why, and what you can do to protect yourself.
New Jersey’s Strict Approach to DWI
New Jersey has some of the toughest DWI laws in the nation, and state legislators have intentionally designed these laws to make plea bargaining extremely difficult. Prosecutors in New Jersey are typically not allowed to negotiate DWI charges to a lesser offense, like reckless driving or careless driving, as they might in other states. This policy exists because the state aims to enforce DWI penalties as strictly as possible, sending a strong message that drinking and driving won’t be tolerated.
New Jersey’s courts and prosecutors treat DWI cases seriously and are incentivized to pursue convictions. For many prosecutors, DWI cases represent a clear opportunity to demonstrate to their communities and voters that they’re committed to keeping roads safe and reducing drunk driving incidents. By maintaining a strong stance on DWIs, they can show they’re enforcing the law strictly, which often resonates well with voters. So, while the idea of negotiating or pleading down may seem like a reasonable path, the reality is that New Jersey’s laws, along with the prosecutorial approach, create significant challenges in securing a plea deal in these cases.
The Role of an Experienced New Jersey DWI Attorney
Because of New Jersey’s tough stance on DWIs, trying to handle a DWI charge on your own or without a skilled attorney can be risky. When facing a charge that could lead to fines, loss of driving privileges, and potentially even jail time, having a qualified DWI defense lawyer on your side is essential. An experienced attorney can guide you through the legal process, evaluate the specifics of your case, and build a strategy tailored to protecting your rights.
Reisig Criminal Defense & DWI Law is one of the most respected and successful law firms in New Jersey, with almost 30 years of experience defending individuals charged with DWIs. Their team understands the nuances of New Jersey’s DWI laws and has a proven track record of helping clients achieve the best possible outcomes in challenging circumstances. When you work with a law firm like Reisig, you’re not just hiring a lawyer; you’re gaining an advocate who knows the system and has the skills to stand up for you in court.
What an Experienced Attorney Can Do for You
While plea bargaining may not be a realistic option, an experienced DWI lawyer can explore other avenues to defend you. Every DWI case has unique factors, and a skilled attorney will thoroughly examine every detail of your arrest and the evidence against you. Here are some strategies they may consider:
- Challenging the Traffic Stop
An attorney can investigate whether the initial traffic stop was lawful. In New Jersey, law enforcement must have a valid reason to pull over a driver. If your attorney finds that the officer lacked probable cause to stop you, they may be able to have your charges reduced or even dismissed. - Questioning the Accuracy of Field Sobriety Tests
Field sobriety tests, such as walking in a straight line or standing on one leg, are subjective and can be affected by various factors unrelated to alcohol. If the tests were not administered correctly, your attorney might challenge their validity in court. - Examining Breathalyzer Results
Breathalyzer devices must be calibrated and maintained correctly to ensure accurate readings. If there is any doubt about the accuracy of your breath test, an experienced DWI attorney can question its reliability. Issues like improper calibration or operator error can sometimes lead to the dismissal of breath test evidence. - Evaluating Blood Test Protocols
If a blood test was administered, your attorney could examine whether it was conducted according to strict guidelines. Any errors in handling, storing, or processing your blood sample could potentially undermine the test results and benefit your defense. - Identifying Procedural Violations
Law enforcement officers are required to follow specific procedures when conducting a DWI arrest. If your attorney finds any procedural violations, they may be able to challenge parts of the evidence or get some of the charges dismissed.
The Risks of Not Hiring a DWI Attorney
Without a seasoned attorney to evaluate your case, you could be vulnerable to facing the full force of New Jersey’s strict DWI penalties. Even a first-time DWI offense in New Jersey carries harsh consequences, including hefty fines, license suspension, increased insurance rates, and, in some cases, jail time. Subsequent offenses come with even steeper penalties. Trying to navigate these charges alone could lead to a conviction and the loss of driving privileges, making it difficult to maintain employment, attend school, or handle other daily responsibilities.
A DWI conviction also creates a criminal record, which can have lasting impacts on your life. This record could affect future employment opportunities, insurance premiums, and even housing applications. By hiring a knowledgeable attorney from Reisig Criminal Defense & DWI Law, you’re making an investment in your future and ensuring that every possible defense option is explored.
Choosing Reisig Criminal Defense & DWI Law
With nearly 30 years of experience, Reisig Criminal Defense & DWI Law has been a trusted name across New Jersey for those facing DWI charges. Their firm has a deep understanding of how to navigate New Jersey’s strict DWI laws and has earned a reputation for defending clients effectively and compassionately. The team at Reisig Criminal Defense & DWI Law is committed to providing a strong defense and works tirelessly to minimize the impact of DWI charges on their clients’ lives.
Take Control of Your Defense
If you’re facing a DWI charge in New Jersey, don’t risk facing it alone. Consult with an experienced attorney who knows the complexities of DWI law and has a track record of helping clients achieve favorable outcomes. Reisig Criminal Defense & DWI Law can provide the guidance, support, and expertise you need during this challenging time. Reach out to them today to discuss your case and take the first step toward protecting your rights and future.
More Information About DWI’s, Our Thoughts and Strategies
- Should An Attorney Plea Bargain To Get A DWI Charge Reduced In NJ?
- Is It Better To Pay The Fines & Accept The Punishment For A DWI or Pay For A Great Attorney
- How To Get Driving Privileges After A DWI Conviction In NJ
- How Come I Didn’t Get A Miranda Rights Warning When I Was Stopped For DWI in NJ?
- Can You Get A DWI Expunged From Your Record In DWI?
- If I Plead Guilty To A DWI in NJ, Will The Judge Go Easy On Me?
- If I Get A DWI In NJ While Visiting, Will I Lose My License Back Home?
- I Was Arrested For DWI In NJ While On Drugs Prescribed By My Physchiatrist
- Can I Get A Copy Of The Video Recording That Was Made During My DWI Stop in NJ?
- Do I Have To Appeal My Conviction For DWI First Before I File For Post-Conviction Relief in NJ?
