In New Jersey, drivers charged with DUI often wonder whether there’s a less damaging path forward. New Jersey DUI lawyer Rachel Kugel (https://thekugellawfirm.com/can-you-plead-reckless-driving-instead-of-dui/) of The Kugel Law Firm explains that, in some cases, pleading to reckless driving instead of DUI may be possible—and potentially beneficial. This legal shift comes in light of recent changes to state law that now allow prosecutors to recommend plea agreements in DWI cases, a strategy not previously available under court guidelines.

A New Jersey DUI lawyer may be able to help drivers charged with DUI seek a lesser charge such as reckless driving if the case circumstances align. Rachel Kugel notes that this approach isn't guaranteed but can offer a more favorable outcome under the right conditions. “Good candidates include first offenses, a BAC near the legal limit, no crash or injuries, and defensible issues with the stop, testing, or police reports,” she says in the article. These factors can create a foundation for negotiating a reduction in charges.

Not all DUI cases will qualify for this kind of plea. According to Rachel Kugel, prosecutors have discretion, and there must be a solid factual basis for the lesser charge. That’s why it’s crucial to involve a New Jersey DUI lawyer early in the legal process. Kugel emphasizes that this strategy works best when backed by a comprehensive legal review of the traffic stop, breath or blood test evidence, and procedural integrity. Where there are weaknesses in the prosecution’s case, a downgrade to reckless driving becomes more attainable.

Reckless driving in New Jersey is defined as operating a vehicle in a way that puts people or property at risk with willful or wanton disregard for safety. It is still a serious traffic offense and can result in fines, license points, and even jail time—but the penalties are generally lighter than those for a DUI. Rachel Kugel points out that reckless driving is a Title 39 motor-vehicle offense and not a criminal charge, which can reduce the long-term consequences for drivers compared to a DUI conviction.

In contrast, DUI charges in New Jersey involve allegations that a person was under the influence of alcohol or drugs while operating a vehicle. DUI penalties often include higher fines, mandatory education programs, license suspensions, and the possibility of jail. For first-time DUI offenses involving alcohol with a BAC under 0.15%, New Jersey now allows for the installation of an ignition interlock device rather than a fixed license suspension. However, the impact of a DUI on a driver’s record, insurance, and future opportunities can still be severe.

Rachel Kugel explains that although reckless driving can still carry consequences—including up to 60 days in jail and five license points for a first offense—it generally involves fewer long-term penalties. The legal distinction between DUI and reckless driving plays a critical role in both immediate sentencing and future consequences. That distinction is often the reason some drivers explore plea options when charged with DUI.

Rachel Kugel and The Kugel Law Firm focus on evaluating the facts and legal weaknesses in DUI cases to determine the most appropriate course of action. This includes challenging breathalyzer or field sobriety test results and questioning the legality of the traffic stop. The goal, Kugel says, is to achieve the best possible outcome for the client—whether that means fighting the charge in court or negotiating a lesser offense when the evidence permits.

Since legislative changes in 2024 now permit negotiated pleas in DUI cases, there is more room for attorneys to advocate for outcomes that better reflect the facts of the case. Rachel Kugel stresses the importance of working with a New Jersey DUI lawyer who understands the legal and procedural nuances involved. Each case requires a tailored approach based on its unique circumstances, and negotiating a plea to reckless driving can sometimes be the most strategic route.

Drivers facing DUI charges in New Jersey should not assume that all is lost. With legal guidance and a detailed review of the circumstances, there may be a way forward that avoids the harshest penalties. Seeking help from a lawyer like Rachel Kugel can make a critical difference in how a DUI charge is handled and resolved.

Drivers who are unsure about their options after being charged with DUI can benefit from exploring whether a reduction to reckless driving is realistic in their case. Legal strategy, timing, and a solid understanding of state law can all influence the final outcome. Taking early action can provide more choices and stronger positioning in plea discussions.

About The Kugel Law Firm:

The Kugel Law Firm, led by Rachel Kugel, provides defense for individuals charged with driving under the influence of alcohol or drugs in New Jersey. The firm is committed to protecting the rights, licenses, and records of drivers through focused legal analysis and strategic defense planning. Rachel Kugel brings a science-based approach to DWI defense and remains active in sharing insights with the legal community.

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