Sometimes motions for post-conviction relief are filed to vacate DWI convictions when various constitutional rights have been violated. Specific reasons for vacating the convictions include an improper factual basis was placed on the record in court for a guilty plea, ineffective assistance of counsel, or the sentence is illegal. Usually there is a five year time limit from the date of the conviction, however there are exceptions to the rule.
Sometimes a defendant can make an application under the Supreme court case of State v. Laurick, 120 NJ 1 (1990) for a ruling that a prior offense could not be used to enhance a custodial sentence in a subsequent DWI proceeding. The application would be made in the prior court where the conviction occurred and the argument made that the defendant was unaware of his right to counsel in the prior DWI proceeding which affected his right to a fair trial.
Attorney Steven D. Rothblatt has the expertise, knowledge, and experience to help you and defend you if charged with any type of DWI offense.
