I was given and accepted a plea deal that wasn’t properly explained to me, how canI now vacate that plea?

I know that refusal comes with automatic suspension of license but did not know and was not told that it is an automatic DWI. I had a Public Defend er.The judge even stated that I could not be charged for the state had no evidence. However, I received a NJ State surcharge wanting me to pay $3,000 over the next 3 years. Basically, the state has no evidence to convict me of DWI but did so anyway under a faulty plea deal.

Asked on July 25, 2010 under Criminal Law, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to speak with an attorney in your area as to the facts surrounding your case. What you want to do is to vacate the plea based upon what: ineffective counsel?  Did the Judge or anybody ask you on the record if the matter had been explained to you and you understood what was happening and you took the deal?  This may be a difficult burden to overcome andyou are under time constraints I am sure to do it.  So go and seek legal counsel as soon as you can.  The consultation should be free and you will get an idea as to your chances. DWI laws are very strict as to refusal issues.  Thre is not really any leeway.  Good luck.

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