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New Jersey DWI Case Dismissals

No Plea Bargains in New Jersey

In New Jersey, if you have been charged with DWI, you will either be found guilty or not guilty. The law does not allow plea bargaining of any kind for DWI charges.

However in some cases, the prosecutor may move to have the DWI charges dismissed. It is important to understand that this action must come directly from the prosecutor; it is not a solution that can be suggested by your defense attorney.

Dismissal of Your DWI

In order for your DWI case to be dismissed, the prosecutor must say to the judge that he or she cannot prove either of the following beyond a reasonable doubt:

  • That you had a blood alcohol content at or above the legal limit and were therefore legally drunk
  • That the observations of the police officer during the stop, which may include field sobriety tests, were evidence of impaired behavior

It is important to understand that because no two DWI cases are the same, a dismissal of charges may not be feasible for everyone. You should speak with an experienced DWI defense attorney to discuss the potential outcomes for your specific case.