While plea bargaining in New Jersey municipal traffic court matters is permitted under the court rules, the NJ Supreme Court has expressly banned plea bargaining of any form in connection with Driving Under the Influence (DUI) charges. In this regard, the NJ Supreme Court “Guidelines for the Operation of Plea Agreements in the Municipal Courts of New Jersey” prohibits plea agreements in cases involving alleged violations of the New Jersey DUI statute, N.J.S.A. 39:4-50. The purpose behind the ban is to maintain public confidence that DUI charges will not be reduced by prosecutors, and to guarantee that defendants who allegedly violate the DUI statute will be prosecuted under the strictures of the statute.
Given this wholesale ban on plea bargaining in New Jersey DUI matters, it is important for defendants who have received a DUI to consult with experienced NJ traffic lawyer. Defense counsel can review the facts and circumstances surrounding the charges and devise a defense strategy designed to minimize the impact of the charges and, in some cases, seek dismissal of the charges. This may involve a case review, written opinion and testimony by one or more expert witnesses, motions to suppress evidence or dismiss the charges, and other tactics to bolster the defendant’s defense and hold the prosecution to its burden of proof.