CanI fight a DUI conviction 11 years later?
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CanI fight a DUI conviction 11 years later?
I was arrested for a DUI 11 years ago. The arresting officer did not read me my rights and he made me blow into the machine 3 times (which my research indicates could manipulate the results). I pled guilty out of naivete. That decision has haunted me all this time because I was not drunk. In fact I was the designated driver. I would like to know if I would have a chance iof having that discharged from my otherwise spotless record. I am not really interested in expungment because I was not drunk.
Asked on April 7, 2011 under Criminal Law, Alabama
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I would seek consultation from a criminal attorney in your area. Were you represented by counsel at the time of the proceeding? You were not convicted but rather pled guilty, correct? So the matter did not go to trial, correct? Were you advised by an attorney to take the plea? Were you denied ineffective counsel all together? The law in your state both procedural and substantive - will govern how this scenario will play out. States generally have a method of bringing a motion before the court to set aside a conviction at any time should there be new evidence or proof that the matter was not properly handled the first time around (I am putting this in the most general terms but you get my drift). In New York it is a 440 motion. But it is the basis for the motion that matters and more facts are needed here. Get help. Good luck.
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