Major Cases Criminal & Municipal Court 2023-2024
Compiled by Kenneth Vercammen , Esq ., Past Municipal Prosecutor
1 . NJ DWI Law revised to permit interlock in lieu of license suspension and reduce some fines The Governor signed changes to the DWI law ( NJSA 39:4-50 ) which did three important things .
1 . Permits plea bargaining in DWIs . Certified Municipal Court Attorneys can now better help clients 2 . Allows an arrested defendant to get an interlock device immediately and then get credit for it if sentenced later . 3 . Extended the life of the 2019 penalty revisions which were due to expire .
Effective February2024 , the bill signed was ASSEMBLY , No . 4800 https :// pub . njleg . state . nj . us / Bills / 2022 / A5000 / 4800 _ S2 . PDF
The New Jersey Police Chief Magazine | April 2024
The bill provides that a person who has been arrested for certain driving while intoxicated ( DWI ) offenses may , upon arrest and prior to any conviction , voluntarily install an IID in one motor vehicle the person owns , leases , or principally operates , whichever the person most often operates , and request from the Motor Vehicle Commission ( MVC ) a driver ’ s license with a notation stating that the person is not to operate a motor vehicle unless it is equipped with an IID .
The amended bill provides that a person who has been arrested for a first DWI offense whose blood alcohol concentration ( BAC ) was at least 0.08 % but less than 0.10 %, who was otherwise under the influence of intoxicating liquor , or whose BAC was 0.10 % or higher who voluntarily installs an IID and obtains a driver ’ s license with the appropriate notation pursuant to the amended bill ’ s provisions is not to be subject to a fine as set forth under current law .
Under the bill , a person who has been arrested for a first DWI offense whose BAC was 0.15 % or higher who voluntarily installs an IID and obtains a driver ’ s license with the appropriate notation pursuant to the amended bill ’ s provisions is to receive a one day credit against the period that the person is required to forfeit the right to operate a motor vehicle under current law for every two days that the person has an IID installed and a driver ’ s license with the appropriate notation and is not to be subject to a fine . The bill provides that a person is not entitled to the credit against the period that the person is required to forfeit the right to operate a motor vehicle if the violation of R . S . 39:4-50 resulted in serious bodily injury to another person .
The bill further provides that a person who has been arrested for a second , third or subsequent DWI violation who voluntarily installs an IID and obtains a driver ’ s license with the appropriate notation pursuant to the amended bill ’ s provisions is to receive a one day credit against the period that the person is required to forfeit the right to operate a motor vehicle under current law for every two days that the person has an IID installed and a driver ’ s license with the appropriate notation and is not to be subject to a fine as set forth under current law . A person is not entitled to a credit against the period that the person is required to forfeit the right to operate a motor vehicle if the violation of R . S . 39:4-50 resulted in serious bodily injury to another person .
Under the bill , the fine waiver for first , second , third , or subsequent offenses only applies if the person possessed a valid New Jersey driver ’ s license in good standing at the time of the offense and maintained a license in good standing until the date of conviction
Further , the amended bill provides that notwithstanding any judicial directive to the contrary , upon recommendation by the prosecutor , a plea agreement for a DWI or refusal to submit to a breathalyzer offense is authorized under the appropriate factual basis consistent with any other violation of Title 39 of the Revised Statutes ( the State ’ s motor vehicle code ) or offense under Title 2C of the New Jersey Statutes ( the State ’ s criminal code ).
The bill further provides that a person who enters into a plea agreement for operating or permitting another to operate a motor vehicle while under the influence of a narcotic , hallucinogenic , or habit-producing drug will be required to forfeit the right to operate a motor vehicle for a period of not less than six months .
Under the bill , in addition to any penalty imposed under current law , in sentencing a person convicted of a first violation of operating a commercial motor vehicle with a BAC of 0.04 % or more whose BAC was at least 0.04 % but less than 0.08 %, the court is required to order the installation of an ignition interlock device in one non-commercial motor vehicle owned , leased , or principally operated by the offender , whichever the offender most often operates , which is to remain installed during the period that the person ’ s commercial motor vehicle driving privilege is suspended .
2 . Supreme Court rules DWI plea bargain are allowed changing Court Rule effective February 23 , 2024 NJ Supreme Court officially removed Guideline 4 which had prohibited plea bargaining of DWIs in the Municipal Court . The
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