With very few exceptions, plea bargains are permitted in municipal court. The one big exception, drunk driving and driving under the influence, was recently affirmed in State v. Rastogi, decided by the Law Division yesterday.
According to New Jersey Plea Agreement Guidelines, "[n]o plea agreements whatsoever will be allowed in drunken driving or certain drugs offenses. Those offenses are: [a.] Driving while under the influence of liquor or drugs (N.J.S.A. 39:4-50)". These guidelines apply to plea agreements in municipal court.
The Superior Court in State v. Rastogi, however, broadened the prohibition of DWI plea bargains to include county prosecutors and their assistants. These types of traffic cases typically do not appear in Superior Court, unless they are accompanied by a more serious charge. The garden variety case would be a DWI stop where the defendant happens to possess cocaine, an indictable offense.
The Rastogi court rationalized that the strong public policy stance regarding drunk driving should apply to county prosecutors as well. So, while murder, rape and armed robbery charges will continue to be "plea bargain-able" (if there is such a word), driving while under the influence cases must go to trial unless there is a guilt plea.
Comments