If so could you provide details
2007-01-02 15:15:28 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
3 possibilities occur to me (these should be generally applicable, but my experience is in California):
1) Motion to withdraw plea of guilty or no contest. This can usually be done before or within six months of entry of judgment (sentencing). Generally, the motion must be based on ineffective assistance of counsel (lawyer f'd up), mistake (for example- "I did not know my license would be suspended"), or coersion (the public defender held a knife against my back when I said "guilty"). You have a right to this motion and the court must appiont confict counsel if you allege ineffective assistance of counsel against the public defender.
2) Direct appeal. You must go this route if conviction arose follow jury trial or if you wish to appeal the denial of a pre-trial motion (usually, a motion to supress evidence because there was no probable cause for the office to stop your vehicle in the first place). Most appeals will be summarily denied.
3) writ of coram nobis. This would usually be the only route available if the conviction is more than about six months old. Only available in rare circumstances of gross error and unlikely to be granted even then.
Be aware than in most instances, it is very hard to take back a conviction. If there was a problem with the charge, you should have fought the case when initially charged instead of trying to take back your plea after the fact.
2007-01-02 16:50:38 · answer #1 · answered by Anonymous · 0⤊ 0⤋
1
2016-06-02 17:16:26 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Not really. It depends on your State. In Arkansas, a DWI stays on your record for 5 years...meaning....if you get a DWI 1 and then, six years later get another, it's also DWI 1. However, we had a case come down and I don't have the cite right here--where if you were convicted without an attorney, then it was like a no-go for future DWIs. Meaning if you had a DWI and then 3 years later got another but you didn't have even a Public Defender at the first trial, the second DWI was treated as a DWI 1.
You can always appeal your DWI conviction to the Circuit (or next higher) Court and have a jury trial. That has to be done within 30 days of conviction though. If the jury finds you NG, then it gets reversed. But of course by then your license is back in place and all of that, but at least your record is in good shape as far as insurance goes!
2007-01-02 15:24:02 · answer #3 · answered by kathylouisehall 4 · 0⤊ 2⤋
You can file a NOTICE OF APPEAL although there may be filing fees. There should be some method to allow you to proceed with your case without having to prepay the Court fees. This is called IN FORMA PAUPERIS. If you really are not guilty of the DUI, I would highly recommend appealing this conviction. Contrary to what most people think, your traffic record becomes PERMANENT soon. It already has been implemented here in Hawaii due to new Federal CDL laws.
2007-01-02 16:23:12 · answer #4 · answered by syaw10 3 · 1⤊ 0⤋
I know of cases that were expunged but you could not have any prior misdemeanors (this was for an adult). It will cost plenty, but you will pay for years on a DUI conviction. This is in Michigan the worst state in country to get nailed in. Mine was revoked for my 2nd conviction in 7 years. It's easier to move out of state than go through all the crap to get a revoked license back. It was one of most costly mistakes I've made.
2007-01-02 15:36:59 · answer #5 · answered by lyyman 5 · 0⤊ 0⤋
the respond relies upon on many aspects and the make certain. you particularly could get your indoors sight telephone e book out and lookup lawyer's and seek for individuals who say they artwork with DUI drivers. in the adventure that your telephone e book does not coach any DUI criminal professionals merely call an lawyer place of work and ask them in the event that they might furnish you the names of the DWI criminal professionals in the section. pondering the certainty which you in all probability did refuse to do the breath attempt you have gotten made it even harder in your self. In getting your license back, that is going to anticipate the state regulations and the make certain. regulations selection from state to state. some states are much less annoying than distinct to deal with. Do your self a desire and get an lawyer to deal with this for you. If it particularly is relatively your first offense and don't have numerous distinct violations or unpaid violations the lawyer can probably get you off with in consumer-friendly words a large and a few aspects on your drivers license. you would be waiting to could attend some education on making use of under the effect. you may assume a quite hefty surprising i might suspect. An lawyer would be able to get the surprising down some. you may guess you will not get off without some form of punishment. superb subject to do after it particularly is in the time of with is to not drink and then get in the back of the wheel. you already comprehend that besides so there's no would desire to maintain beating you approximately it.
2016-10-19 09:39:58 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Well...
If you failed the field sobriety test or neglected to take the test (often called "implied consent") AND failed the breathalizer then no. The only reversal for this would be to rent A Delorean, find a flux capacitor and set the clock to before you took the first drink, if you catch my drift....
2007-01-02 15:21:09 · answer #7 · answered by BigMissle 3 · 0⤊ 0⤋
Once any conviction is on record, you cannot erase it!
2007-01-02 15:20:07 · answer #8 · answered by DB 2 · 0⤊ 0⤋
If you can prove you weren't drunk or debunk their prof that you were.
2007-01-02 15:23:22 · answer #9 · answered by goose1077 4 · 0⤊ 0⤋
If your dad is bush, very possible.
2007-01-02 15:21:12 · answer #10 · answered by Anonymous · 1⤊ 0⤋