DWIs are not that uncommon, but many are surprised to find that they do not have the right to have their DWI case heard in front of a jury of their peers. While many other states allow jury trials for DWIs and DUIs, New Jersey does things a bit differently. Instead, defendants must have their cases heard before only a judge, and there is no jury.
In New Jersey, several reasons exist for why DWI matters do not have jury trials. First, DWIs are technically not considered criminal offenses. They are classified under the vehicle code and are legally considered traffic offenses. Second, the potential jail time involved in even the most severe DWI cases is insufficient to warrant jury trials. While there are various unpleasant consequences of DWI convictions that may follow a person for years, jail time is arguably light compared to other offenses. Some drivers are charged with other offenses that occur in relation to their DWIs. While these charges may warrant a jury trial, the DWI charge still does not.
Call our Atlantic City, NJ DUI and DWI attorneys with the Lombardo Law Group at (609) 418-4537 to get a free, private case evaluation.
Do DWI Cases in NJ Get Jury Trials?
Jury trials are a cornerstone of our legal system, but juries are not available in every case. Someone charged with a DWI does not have the right to have their case heard before a jury of their peers, at least not in New Jersey. While DWI cases may not enjoy jury trials, they tend to move relatively quickly.
DWI cases do not get jury trials for a few different reasons. First, DWIs and DUIs are technically not criminal offenses and are not eligible for jury trials. In New Jersey, DWIs and DUIs are not classified under the criminal code. Instead, they are classified under the motor vehicle code, making them traffic offenses. Other traffic offenses include ordinary moving violations like running red lights, speeding, or reckless driving. These offenses also do not get jury trials.
Many DWI defendants feel cheated out of a jury trial. After all, the penalties in these kinds of cases can sometimes be serious, especially in cases where someone is charged with their third or fourth DWI or DUI. However, even the more serious DWI cases do not carry especially long jail terms, at least not compared to other offenses. Under N.J.S.A. § 39:4-50(a)(3), penalties for a third or subsequent DWI or DUI violation involve a jail sentence of no less than 180 days.
According to the 1970 U.S. Supreme Court Case Baldwin v. New York, while “petty offenses” may not warrant the right to a trial by jury, no offense may be deemed petty if it carries the possibility of imprisonment for more than 6 months. The 180-day sentence carried by the most severe DWI and DUI charges in New Jersey is right about at the 6-month mark. If they were any longer, a trial by jury would be required.
Jury Trials for Other Charges Surrounding DWI Matters in NJ
What happens if you are facing criminal charges related to a DWI? It is not unusual for defendants facing DWIs to be charged with other offenses. This is especially common in cases involving accidents or intoxicated drivers who flee the scene of accidents. Depending on the potential penalties, our NJ DUI and DWI lawyers can help you assert your right to a jury trial.
For example, in an extreme case, someone might cause a severe accident while driving drunk, and the driver of the other car might be killed. In that case, the defendant may be charged with a DWI and the more serious crime of death by auto or vessel, under N.J.S.A. § 2C:11-5(a).
Generally, the charges may be tried separately, with a judge deciding the DWI charge and a jury deciding the other charges. These charges might even end up in different courts. DWIs are typically handled in Municipal Court, while more serious criminal charges might be heard in Superior Court.
Pros and Cons of Not having a Jury for a DWI Case in NJ
If you are truly worried about the outcome of your DWI case without a jury, talk to your attorney about the pros and cons of having a trial decided by a judge. Juries might be part of the foundation of our legal system, but there are certain disadvantages to having a case heard before a jury of your peers.
Pros
Pros of trials without juries include verdicts based less on emotion and more on law and facts. Remember, juries are often not legal professionals trained in the law. They tend to make many decisions based on how they feel about a defendant, even when facts and evidence might say otherwise. Judges are less likely to make a decision based on emotions. DWI cases are sometimes emotionally charged, and jurors might be eager to convict someone they believe is a “drunk driver.”
Trials without juries also tend to be less embarrassing. DWIs tend to be humiliating, and word about a DWI often spreads quickly through communities. It is not unusual for a defendant’s friends, neighbors, and coworkers to learn about the case. Putting everything on trial before a jury might only embarrass the defendant further.
Additionally, the judge may give more fair consideration to mitigating factors. Jurors might be so morally opposed to driving while under the influence of alcohol or drugs that they do not care about mitigating factors.
Cons
While juries being emotional can be a bad thing, it is sometimes a good thing, depending on the situation. A sympathetic defendant might be able to appeal to jurors on an emotional level and persuade them to avoid a conviction. For example, a young, frightened driver with little driving experience might evoke sympathy from jurors. They are less likely to receive such sympathy from a judge. The judge might throw the book at you.
Your case may come down to the temperament of the judge hearing your case. Not all judges are the same, and some might be more forgiving or lenient than others. If the judge on your case is known for being hard on DWI cases, your case might be very difficult. Jurors tend to be a cross-section of the community, and there may be a fair mix of temperaments.
Contact Our NJ DUI and DWI Attorneys for Help
Call our NJ DUI and DWI attorneys with the Lombardo Law Group at (609) 418-4537 to get a free, private case evaluation.
