Can I Get a Plea Bargain in My DWI Case?

Being pulled over and arrested on suspicion of drinking while under the influence (DWI) is no joke. You may be almost certain that the New Jersey criminal court will find you guilty. But what you may be uncertain about is the extent of criminal consequences the court may inflict on you. This is what may have you strongly considering the legal option of entering a plea bargain. Read on to discover whether you can get a plea bargain for your DWI case and how a seasoned Gloucester County DWI lawyer at The Vigilante Law Firm, P.C. can help make this into a reality.

Is it possible to get a plea bargain in my DWI case?

In previous years, New Jersey law imposed a ban on plea bargaining for DWI cases. This forced defendants to exclusively plead their cases within the confines of a criminal court trial. Now, however, the law has been modified to grant defendants this option. Here, they may plead guilty to a lesser charge in an attempt to negotiate lesser penalties. More specifically, you may be able to get your DWI charge to be reduced to a reckless driving charge. This may only come with a fine of up to $200 and jail time of up to 60 days.

While this may seem like a great deal, you must understand that this option is not well-suited for every defendant. For example, you should not enter a plea bargain if you know, without a doubt, that you are innocent of the crime you have been accused of. This may be especially true if you know you possess enough evidence to make a strong case against the prosecuting team in your trial proceedings. Ultimately, this is something that you should discuss at length with your legal representative.

What are the possible defenses I can take for my DWI case?

To reiterate, it may be in your best interest to forgo a plea bargain and instead submit to trial proceedings if you believe you are not guilty of a DWI. With this, you may do yourself justice by taking on any of the following relevant defense strategies:

• You may defend that the law enforcement officer did not have a valid reason to pull you over on suspicion of a DWI in the first place (i.e., they did an illegal stop).
• You may defend that the law enforcement officer violated your constitutional rights during your arrest (i.e., they did not read your Miranda rights).
• You may defend that the prosecuting team has insufficient evidence to prove you are guilty of a DWI (i.e., they do not have proof beyond a reasonable doubt).

You cannot enter your criminal case proceedings without being legally represented by one of the experienced New Jersey & Pennsylvania criminal defense lawyers. Contact our office, The Vigilante Law Firm, P.C., today.