Does NJ Have Jury Trials In DUI Cases?

NJ Does Not Offer Jury Trials In DUI Cases

New Jersey is one of the last states to not offer defendants jury trials in DUI cases.

Even when a defendant is charged with a third DUI/DWI and facing six months incarceration and burdensome fines and penalties, he/she is not entitled to a jury trial.

All NJ DUI Cases Are Decided In Municipal Court

New Jersey is the only state along the entire eastern seaboard that does not offer jury trials. In New Jersey, all DUI/DWI cases are heard and decided before a municipal court judge.

One argument against offering defendants the option of a jury trial in DUI cases is that our tiny state lacks the resources to accommodate the sheer volume of DUI arrests every year.  None of our municipal courts have jury boxes and the only place to hear these cases would be in superior court.

If the DUI/DWI charge is the underlying charge in an indictable (felony) offense, the matter will be heard at the Superior Court level where the defendant may request a jury trial. 

If the matter involves a felony offense, the least of your worries is losing your driving privileges.

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