Big law change could help drunk drivers in New Jersey

⚫ Drivers have another option when fighting a DUI charge in NJ

⚫ In appropriate cases, drivers can reduce penalties significantly

⚫ NJ records tens of thousands of DUI cases yearly

Until recently, individuals facing drunk driving charges in New Jersey have had two choices: admit responsibility or fight the accusation in court.

Today, there's a third option: plea down in order to face less severe consequences.

As part of a state law signed late last year that allows accused drunk drivers to save on fines by purchasing an ignition interlock device before their conviction, prosecutors in New Jersey now have the right to recommend plea bargains in DUI cases.

The change took effect in February.

"You still have to have valid defenses that have merit," said Leon Matchin, a defense attorney in Milltown. "A DUI case is about the most serious matter that is handled in municipal court."

SEE ALSO: NJ posts promising numbers in fight against opioid crisis

The revised statute also permits plea bargaining for individuals who refuse to take a breathalyzer during a traffic stop.

NJ's DUI penalties

Penalties related to DUI have three tiers, based mainly on one's blood alcohol content. With the revised law, individuals may get the option to plea their charge down to a lower tier. Or the bargain could get rid of the DUI portion altogether but maintain other moving violations that may have accompanied the DUI charge, such as reckless driving, Matchin said.

The plea bargaining can result in lower fines, less potential jail time, and fewer months without a license.

As of now, the law change has "not changed the culture in court with prosecutors and judges," according to Matchin.

"The law changed, but the public policy is still there, against DUI dismissals and for DUI prosecutions," he said.

The group Mothers Against Drunk Driving, which supported S3011 because it included an extension of the rule that all drunk driving offenders be required to obtain ignition interlocks, said it opposes plea agreements for drunk drivers who cause injury or property damage, and for repeat offenders.

"MADD urges prosecutors to require use of ignition interlocks as part of any plea agreement or diversion that does not involve injury or property damage," the group told New Jersey 101.5 in an emailed statement.

According to the law firm Helmer, Conley, & Kasselman, which has multiple offices in New Jersey, prosecutors "will almost certainly" consider plea bargains in appropriate cases, given their substantial caseload.

"However, it is important to emphasize that a plea bargain is not guaranteed — it is up to the prosecutor to recommend a plea bargain to the court, and this means that it is up to the defendants to convince prosecutors that plea bargaining is warranted," the firm says.

SEE ALSO: Pesky ATM fee reaches 26-year high

New Jersey records tens of thousands of DUI cases each year. Matchin said the overwhelming majority involve first-time offenders.

Report a correction 👈 | 👉 Contact our newsroom