Plea Bargaining is something that is generally encouraged in Municipal Court.  However, New Jersey Law imposes an absolute ban on plea bargaining in DWI, DUI and Refusal cases.  What this means is that a prosecutor cannot simply agree to a downgrade or dismissal of a drinking and driving offense except where there exists a bona fide issue in a case.  It is therefore imperative that an individual retain an experienced and knowledgeable attorney who can identify issues if there is going to be any chance of dismissal or a downgrade of a driving while intoxicated or driving under the influence or refusal charge.  Our office, the Law Offices of Jonathan F. Marshall, is prepared to assist you.

The absolute bar against plea bargaining DWI cases does not apply in the following scenarios:

1. Companion Cases: the prohibition does not apply to non drinking and driving offenses issued in conjunction with a DWI, DUI or Refusal arrest;

2. Second or Subsequent Refusal Offenses: the ban against plea bargains specifically allows for plea bargaining dismissals of second or subsequent refusal offenses where a suspect is entering a plea of guilty to a companion driving while intoxicated or driving under the influence charge.