Can You Plead Reckless Driving Instead of DUI in New Jersey? - Rachel Kugel

From The Kugel Law Firm – Can You Plead Reckless Driving Instead of DUI in New Jersey? explains how recent changes in New Jersey law now allow prosecutors to recommend plea agreements in certain DWI cases and what that means for drivers facing DUI charges. This episode covers the New Jersey Supreme Court’s withdrawal of Guideline 4, the impact of P.L. 2023, c.191 approved in December 2023, and how courts may now accept negotiated resolutions when there is a proper factual basis.

The podcast breaks down the differences between DUI under N.J.S.A. 39:4-50 and reckless driving under N.J.S.A. 39:4-96, including how prosecutors assess lower-BAC cases, first-time offenses, and situations with no crashes or injuries. Listeners will learn how reckless, careless, and unsafe driving are defined in New Jersey and why DUI penalties often involve harsher consequences such as ignition interlock requirements, IDRC programs, and longer license suspensions imposed by the New Jersey Motor Vehicle Commission.

Featuring insight from Rachel Kugel of The Kugel Law Firm, the episode discusses factors that can improve the chances of reducing a DUI charge, including BAC levels near 0.08 percent, issues with breath test procedures, and problems with the traffic stop. It also explains which cases are much harder to reduce, such as those involving high BAC levels, drug-related DUI charges, commercial drivers, or accidents with injuries, with references to cases arising in Jersey City, Newark, and Hudson County.

Listeners will also hear how reckless driving charges can sometimes be dismissed or reduced, how penalties for reckless driving compare to DUI penalties, and when negotiations may lead to careless or unsafe driving outcomes instead. This episode provides a clear and practical overview for anyone facing DUI or reckless driving charges in New Jersey and wanting to understand their legal options.

The Kugel Law Firm

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