Plea Bargaining Permitted in Drunk Driving Cases

Plea bargaining in Drunk Driving cases has been prohibited in New Jersey for the past 50 years, but that has all just changed

For the first time since 1974, prosecutors and defense attorneys are now permitted to resolve Drunk Driving (aka Driving Under the Influence (DUI) or Driving While Intoxicated (DWI)) matters by way of a negotiated plea.  How is that different than before and how did we get here?  Here is everything you need to know…

History of Plea Bargaining in Municipal Courts

In 1974, the New Jersey Supreme Court prohibited all plea bargaining in Municipal Courts.  The ban stemmed from concerns about “abuse in the disposition of municipal court offenses … attributable to the part-time nature of the municipal courts and the lack of professionalism in those courts.” State v. Hessen, 145 N.J. 441, 446 (1994).

In 1988, plea bargains began being permitted on a temporary basis in all cases except offenses relating to Drunk Driving (DUI/DWI) and certain drug offenses.  During that time, a Committee was formed by the New Jersey Supreme Court to determine whether or not to allow plea bargaining to remain permanently.

Ultimately, there was a recommendation by the Committee that a plea agreement process be permanently authorized in the municipal courts subject to limitations.  There was a proposed court rule with guidelines, namely, Guideline 4.  Guideline 4 stated that “[n]o plea agreements whatsoever will be allowed in drunken driving or certain drug offenses.”

In 1990, the New Jersey Supreme Court adopted Rule 7:6-2 and “Guideline 4” as part of that rule. And just like that, plea bargaining was permitted in Municipal Court, but remained prohibited in Drunk Driving and certain Drug cases.

The 2024 Amendment to DUI Cases

In September, 2022, a Bill was introduced to permit plea bargaining in Drunk Driving cases.  The Senate and Assembly voted unanimously in favor of the Bill, which was signed by the Governor in December, 2023.  The new law permitting plea bargaining in Drunk Driving cases was scheduled to take effect on February 19, 2024.

On February 16, 2024, the Acting Administrative Director of the Courts issued a memorandum to Judges addressing the new law.  The memo indicated that Guideline 4 remained in effect and that any legal challenges were to be brough to his attention.  Said differently, a memo was issued stating that the new law, allowing plea agreements for drunk driving cases, should not be followed.

On February 23, 2024, the New Jersey Supreme Court issued an Order “Withdrawing Guideline 4”.  In the Order, the Court recognized the new law and highlighted that it presents a genuine issue as to the constitutionality of the law under the separation of powers doctrine.  That said, the Court specifically stated that it did not “make a finding on that issue”.  Rather, it focused on the importance of “cooperation among the branches of government.” The Order went on to state that “[i]t does not serve ‘either the Judiciary or the Legislature [to] engage in a test of the limits of their power.’ … The public interest is better served by collaboration among the coordinate branches of government.” And with that, the Court “adopt[ed] the statement of policy in the amendment to [the Drunk Driving statute] and withdr[e]w[] Guideline 4.”

The End Result

Plea agreements are now permissible in Drunk Driving cases in New Jersey.

What Does This Mean?

Prior to the February, 2024, law permitting plea bargaining, defendants facing Drunk Driving charges could only obtain a favorable amendment to a DUI charge if their defense attorney was able to convince the Prosecutor and the Judge that the State could not prove its case beyond a reasonable doubt.  This was done by presenting counter arguments, evidence and expert reports showing that the case was not only flawed, but so flawed that the case could not be proven beyond a reasonable doubt.

Now, defense attorneys and prosecutors are permitted to discuss plea agreements and more favorable resolutions without having to rely solely on flaws in the State’s case.  That said, the new law does not mean that the prosecution must engage in plea discussions or agree to any proposed resolutions.  I anticipate that plea discussions on DUI matters will continue to be very limited.  While plea bargaining may not be welcomed with open arms by courts and prosecutors across the state, at a minimum, the new law takes away one more hurdle for defendants to overcome when trying to obtain a favorable resolution.

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