Permissibility of Plea Agreements in Remaining State v. Cassidy DWI Cases
ALCOTEST CASES - PERMISSIBILITY OF PLEA AGREEMENTS IN
REMAINING STATE V. CASSIDY DWI CASES - SUPREME COURT ORDER
In the attached June 27, 2023 Order, the Supreme Court confirms the continuance of its December 18, 2019 rule relaxation permitting plea bargaining in post-conviction relief driving while intoxicated (DWI) cases affected by the Court's decision in State v. Eileen Cassidy. 235 N.J. 482 (2018).
As background, plea bargaining DWI cases is prohibited by the Guidelines for Operations of Plea Agreements in the Municipal Courts of New Jersey, (Guidelines), an Appendix to Part VII of the Court Rules.
In State v. Cassidy. 235 N.J. 482 (2018), the Court held Alcotest results from certain breath-test machines that were calibrated without using a thermometer that produces NIST-traceable temperature readings in the calibration process to be inadmissible as evidence in DWI cases. The Court by Order dated January 29, 2019 established a centralized process for the handling of these cases and by Order dated December 18, 2019 relaxed the Guidelines to permit plea agreements in postconviction relief cases affected by Cassidy. By Order of May 6, 2022 the Court concluded the centralized process for the handling of Cassidy matters, effective June 1, 2022 .
The attached June 27, 2023 Order confirms and clarifies that the Court's May 6, 2022 Order did not terminate the temporary and limited rule relaxation in the Court's December 18, 2019 Order and that plea agreements in Cassidy affected post-conviction relief proceedings may proceed.
This Order also provides that before a court acts on a proposed plea agreement, the Municipal Court Prosecutor shall submit the proposed plea agreement to the Office of Attorney General or the Attorney General's designee
for review.
The Guidelines prohibiting plea bargaining in DWI cases remain in full force and effect for cases not affected by the Court's decision in Cassidy.
Document Date: July 19, 2023
