Why You Shouldn’t Just Plead Guilty to Your DWI Charge in NJ

No Plea Negotiations Permitted for a DWI Charge in NJ

Field Sobriety Test 2When faced with a DWI charge, you may feel as if you have no choice but to plead guilty.  If you submitted to the breath test, it would seem that the police have irrefutable evidence that you were driving while intoxicated.  Even if you refused to be tested, New Jersey’s implied consent law allows the police to charge you with refusal, for which you may feel that a guilty plea is your best option.  This logic may apply to criminal cases, where you can attempt a plea negotiation with the prosecutor in exchange for a guilty plea.  However, negotiations are not allowed under any circumstance for DWI offenses, as ruled by the Supreme Court of New Jersey.

Municipal courts have a zero tolerance policy on drunk driving, and impose severe penalties for DWI and refusal convictions.  Even if you have no prior record, sentencing for a DWI conviction includes license suspension, thousands of dollars in fines and fees, possible installation of an ignition interlock device and jail time.  You will also be assessed insurance eligibility points, which can double or triple your insurance rate for a period of several years.  When faced with such damaging consequences, it is imperative that you fight your charges with effective legal representation rather than just pleading guilty.

Challenging Your DWI Charge in NJ

Although you may be tempted to represent yourself, DWI cases are extremely difficult to argue without knowledge of the law.  If the prosecution has your breathalyzer test results, that alone tips the scale in their favor since they have scientific proof that you were driving under the influence of alcohol, provided the breath test was administered properly.  The Alcotest 7110 breath testing device is a complex and sensitive machine that can deliver false results if used improperly.  An Alcotest trained attorney can verify whether or not your results were properly obtained, which is critical since this is the most important evidence that the prosecution has against you.  An experienced DWI attorney will scrutinize many other elements in your case, such as your field sobriety test results.  An attorney with extensive experience and education on standardized field sobriety testing will be able to determine if there was an error in relying on the results of your field sobriety tests.

Call for a Free DWI Consultation

As you can see, there are many ways to fight your DWI charge by working with a knowledgeable attorney.  Partner Carmine R. Villani, Esq. of Villani & DeLuca would like to inform you of your rights and defense options during a free consultation.  Mr. Villani has over 20 years of experience with DWI cases as a former municipal prosecutor and public defender for numerous municipalities throughout New Jersey.  Please call (732) 965-3350 to schedule your free consultation with an NJ DWI lawyer today!

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