The judge has no discretion to make an exception and not to impose at least the minimum mandatory sentences. A guilty plea to some charges without the assistance of legal counsel could result in the imposition of high insurance surcharges, significant monetary fines, a driver's license suspension or even imprisonment. Only an experienced and qualified legal professional with knowledge of the current laws can help you understand your options and make an informed choice as to how to proceed in Court. As such, you can still be convicted based upon the officer's observations. They are tried in the municipal courts, which are criminal courts.
Criminal rules apply to discovery, burdens of proof, motions, and trial.
You need an experienced attorney, one who is not only familiar with the field sobriety test and the operation of the Breathalyzer, but one who is experienced at criminal defense. Further, it is clear that New Jersey's firm public policy stance against DWI makes the defense of this charge a challenge even for an experienced, competent and aggressive defense counsel. The only guarantee any qualified, ethical and competent attorney can offer is to aggressively prepare your case, and carefully and thoroughly look for available defenses. It's vital that your case be reviewed by an attorney before you make a decision that may seriously affect your future. A person's right to an attorney, right to remain silent, right to a fair trial, and the need for the State to prove guilt beyond a reasonable doubt, as well as the presumption of innocence, must all be observed by the prosecuting authority.