People charged with DWI offenses typically maintain their innocence. In some instances, though, there are benefits to entering a guilty plea, such as a reduced sentence. People who choose to plead guilty must be fully apprised of the consequences of their decision and enter into the plea willingly; however, otherwise, they may have a basis for arguing they should be permitted to withdraw their pleas. In a recent opinion issued in a DWI case, a New Jersey court explained the burden of proof imposed on a defendant who wishes to vacate a guilty plea. If you are charged with a DWI crime, it is in your best interest to speak to a New Jersey DWI defense lawyer to determine your options for seeking a just result.
Facts of the Case
It is reported that the police were called to the home of the defendant’s estranged wife to investigate the defendant’s presence in the home. When they arrived, they observed that the defendant’s vehicle, which was parked in the driveway, was damaged. The defendant, who no longer lived in the home and was not permitted to be there while intoxicated, smelled of alcohol. When the police spoke with the defendant, they determined he had driven to the location and they attempted to conduct field sobriety tests.
Allegedly, the defendant was unable to complete the tests and was arrested for suspicion of DWI. He was transported to the hospital, where a blood test revealed his BAC to be almost four times the legal limit. He was charged with a second offense DWI and moved to suppress the evidence against him. The court denied his motion, and he entered a guilty plea. After numerous rounds of appeals, he argued that he did not enter the guilty plea knowingly and, therefore, he should be permitted to withdraw it.
Grounds for Vacating a Guilty Plea
Under New Jersey law, a party seeking to withdraw a plea after sentencing must demonstrate a manifest injustice. A court considering a request to withdraw a plea should first determine whether, prior to accepting the plea, the trial court complied with the rules of criminal procedure. The court explained that a withdrawal of a guilty plea is not an absolute right; instead, the defendant must show that relief is warranted. The court further noted that, the timing of a withdrawal request matters, as they are liberally allowed at or before sentencing. In the subject case, the court found that the defendant had not established a reason his request should be granted. Thus, the court denied his request.
Speak to an Experienced New Jersey DWI Defense Attorney
It is not uncommon for people to enter guilty pleas in second offense DWI cases in order to obtain a reduced sentence, but anyone who chooses to admit guilt should be fully aware of the implications of the decision. If you are charged with a DWI crime, you should speak to a lawyer as soon as possible. The experienced New Jersey DWIhttps://newjerseyduilawyer.com/practice-areas/2nd-offense-dwi/ defense attorneys of The Law Offices of Jonathan F. Marshall can advise you of your options and develop a strategy to help you pursue the best outcome possible under the facts of your case. You can contact us through our form online or at 877-450-8301 to set up a conference.
