NJ Court Upholds Denial to Vacate 2018 DWI Guilty Plea in Appeal

State of New Jersey v. Anthony Barbato

Docket No. A-3654-22

Decided October 16, 2024

Submitted by New Jersey DWI Lawyer, Jeffrey Hark.

In a recent unpublished opinion, the Appellate Court of New Jersey decided defendant’s appeal from the denial of his motion to vacate his guilty plea to driving while intoxicated (“DWI”).

On May 16, 2018, defendant plead guilty to a second offense DWI under N.J.S.A. 39:4-50 and other related motor vehicle offenses. In addition to advising the court that defendant would be pleading to a second offense DWI, defense counsel indicated on the record that defendant’s blood alcohol concentration (“BAC”) was .17%, and he then provided the court with copies of the Alcotest worksheet and defendant’s driving abstract. After going through the plea colloquy with the defendant, the municipal court judge accepted defendant’s plea after finding defendant established a sufficient factual basis. The judge then sentenced defendant according to the guidelines and dismissed other charges as per the agreement.

Approximately five years later, on March 23, 2022, defendant, represented by different counsel, moved before the municipal court to vacate his 2018 DWI guilty plea. The municipal court rejected defendant’s argument that he gave an insufficient basis for DWI because he was not asked about his BAC reading and did not state what or how much he drank. Defendant then appealed to the Law Division.

The Law Division judge also denied defendant’s motion to vacate his 2018 guilty plea. Apply a de novo standard of review, the Law Division judge agreed with the municipal court that that defendant gave an adequate factual basis supporting his guilty plea to DWI under N.J.S.A. 39:4-50. The judge articulated that, “defendant explicitly acknowledged to the municipal court that he operated his motor vehicle while under the influence of alcohol and the alcohol affected his ability to properly operate that vehicle.” The judge then stated, “even without accepting or considering the stipulation of defense counsel regarding defendant’s BAC, the admissions of defendant are enough to satisfy the requirement for an adequate factual basis of a guilty plea.” Defendant subsequently appealed to the Appellate Division.

On appeal to the Appellate Court, defendant contended that his motion to vacate his 2018 guilty plea should have been granted on de novo review due to the municipal court’s failure to obtain a sufficient factual for the entry of defendant’s guilty plea in accordance with R. 7:6-2(A)(1). Ultimately, the Appellate Court affirmed the Law Division’s decision for substantially the same reasons expressed by the Law Division judge. The court found that defendant provided a factual basis for DWI by admitting he was driving under the influence of alcohol, which affected his driving.

At Hark & Hark, we are experienced attorneys who represent clients in Superior Court for issues like the previously discussed case pertaining to motions to vacate guilty pleas. We work hard to ensure that our clients receive exceptional representation in order for them to receive the most favorable outcome in their case as a result.

We offer payment plan options to clients financially incapable of providing full payment upfront. If you are facing a similar situation to that of the defendant in this case, please call us to discuss the matter. At Hark & Hark, we represent clients for any case in any county in New Jersey including Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, and Warren County and any town including Audubon, Gloucester City, Oaklyn, Audubon Park, Gloucester Township, Pennsauken, Barrington, Haddon Heights, Pine Hill, Bellmawr, Haddon Township, Pine Valley, Berlin Borough, Haddonfield, Runnemede, Berlin Township, Hi-Nella, Somerdale, Brooklawn, Laurel Springs, Stratford, Camden, Lawnside, Voorhees, Cherry Hill, Lindenwold, Waterford, Chesilhurst, Magnolia, Winslow, Clementon, Merchantville, Woodlynne, Collingswood, Mt. Ephraim, and Gibbsboro.