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Published byAdi Sudirman Modified over 6 years ago
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Statutory Limitations on Plea Bargaining for Impaired Driving Cases
NCSC Author: Gregory Hurley
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Strictest Limitations
Statutes which prohibit reductions or dismissals of DWI offenses by plea bargain Most of the 21 states with anti-plea statutes have these statutes or some close variant thereof Almost every statute has some built-in discretion for prosecutors, though
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More Anti-Plea Mechanisms
Some states statutorily require the prosecution to explain, in writing, a reduction to or plea out of a DWI charge New Hampshire, North Carolina, South Dakota Other statutes require the prosecution to explain its reasoning in open court Connecticut, North Carolina, South Dakota
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Other Statutory Innovations
New Jersey requires injured victims of impaired driving accidents to be granted a chance to meet with the prosecution before reduction or dismissal Utah requires the prosecution and police to do a criminal history check to ensure proper charges based on that history
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