Drunk drivers may face serious penalties for DUI/DWI and related tickets, or even criminal charges in Superior Court. Often, clients ask us whether we can “get the charges dropped” or whether the prosecutor will plea bargain a DUI ticket in New Jersey. Below we discuss some general answers to those questions.
Related: Drunk driving car accidents in New Jersey, What to do if you are pulled over, DUI/DWI.
I was drinking and got pulled over
The best way to avoid a DUI in New Jersey if you are intoxicated is to refrain from driving after drinking. Once stopped for drunk driving, there are certain things that you must do (like provide your license to the police) and other things that you do not have to do (like admit that you were too drunk to drive). Please see our article about what to do if you are stopped by police.
I received tickets for drunk driving – What can you do?
Often, drivers are issued several tickets if arrested for drunk driving. It is not uncommon to see tickets for things like careless/reckless driving, open container, unsafe lane change, etc. issued in conjunction with the DUI ticket. Seek an attorney to protect your rights if charged with a crime or issued tickets. We represent clients in Superior Court and municipal courts in all areas surrounding our offices in Paterson.
Again, clients ask us whether we can get the prosecutor to drop a DUI ticket since the penalties are severe. Unfortunately, it is generally NOT PERMITTED for the prosecutor to dismiss or plead down a DUI ticket. There is a uniform, state-wide directive that specifically prohibits this. What we can do is obtain and review all of the evidence that the state plans to use against you, in conjunction with lab and police experts when appropriate. If we find that there is a problem with the state’s case and it is very unlikely that the prosecutor can prove guilt beyond a reasonable doubt, then the prosecutor is allowed to drop the DUI ticket. But they cannot drop it or downgrade it just because you agree to plead guilty to other things (like careless driving, for example). If we are not able to have the DUI charge dismissed, then we could still negotiate for you – other tickets may be dropped or downgraded and we could convince the judge to give you the mandatory minimum sentence for the DUI tickets.
But more importantly, we are also able to advise you on how best to proceed. The prosecutor may have some evidence against you, but you may also have legitimate defenses. We can evaluate the evidence and advise whether it makes sense to reject a plea offer and go to trial. When appropriate, we will aggressively defend you at trial, and on appeal if necessary.
New Jersey DUI Lawyer – Free Consultation With Skilled Attorney
If you or someone you know was ticketed for drunk driving, please call us for a 100% free consultation with a skilled attorney. We are experienced in protecting the rights of those accused of DUI and traffic offenses. Remember, the police and prosecutor are eager to convict those suspected of drunk driving in New Jersey and penalties could be severe – it is highly recommended that anyone accused of DUI retain counsel to protect their rights.
Based in Paterson, New Jersey, Raff & Raff, LLP services clients in the communities of Bloomingdale, Clifton, Haledon, Hawthorne, Little Falls, Passaic, Paterson, Pompton Lakes, Prospect Park, Ringwood, Totowa, Wanaque, Wayne, West Milford, Woodland Park, Allendale, Alpine, Bergenfield, Bogota, Carlstadt, Cliffside Park, Closter, Cresskill, Demarest, Dumont, East Rutherford, Edgewater, Elmwood Park, Emerson, Englewood, Fair Lawn, Fort Lee, Franklin Lakes, Garfield, Glenn Rock, Hackensack, Hasbrouck Heights, Haworth, Hillsdale, Ho-Ho-Kus, Leonia, Little Ferry, Lodi, Lyndhurst, Mahwah, Maywood, Midland Park, Montvale, Moonachie, New Milford, North Arlington, Northvale, Norwood, Oakland, Old Tappan, Oradell, Palisades Park, Paramus, Park Ridge, Ramsey, Ridgefield, Ridgewood, River Edge, River Vale, Rochelle Park, Rockleigh, Rutherford, Saddle Brook, Saddle River, Teaneck, Tenafly, Teterboro, Waldwick, Wallington, Westwood, Wood-Ridge, Woodcliff Lake, Wyckoff, Belleville, Bloomfield, Caldwell, Cedar Grove, Orange, Essex Fells, Fairfield, Glen Ridge, Irvington, Livingston, Maplewood, Millburn, Montclair, Newark, North Caldwell, Nutley, Roseland, Verona, Bayonne, Jersey City, Hoboken, Union City, West New York, Guttenberg, Secaucus, Kearney, Harrison, North Bergen, Weehawken, Elizabeth, Linden, Plainsfield, Rahway, Union, Scotch Plains, Clark, Cranford, Hillside, Westfield, Roselle, and surrounding areas.