Simply because a person is convicted of DWI does not mean that the person has no options for seeking relief from the conviction. Rather, under New Jersey law, if a criminal defendant produces sufficient evidence that his or her conviction should be vacated, the person may be eligible for post-conviction relief. In a recent New Jersey DWI case, the court explained the standard for granting post-conviction relief in DWI cases and when a request for such relief must be filed. If you are charged with a DWI and have prior DWI convictions, it is important to speak with a seasoned New Jersey DWI defense attorney regarding your options.
Factual and Procedural Background of the Case
Allegedly, in 2018, when the defendant was charged with DWI, she sought post-conviction relief for a 1980 DWI conviction. In her petition for relief, the defendant verified that she was not represented by counsel when she pled guilty for the prior offense and that she had not been informed of her right to counsel. She also requested relief from an enhanced custodial term. The trial court denied the defendant’s petition, after which she appealed. During the pendency of the appeal, the Supreme Court of New Jersey clarified the grounds for granting post-conviction relief from an enhanced custodial sentence for a subsequent DWI conviction.
Standard for Granting Post Conviction Relief in a DWI Case
On appeal, the court noted that the trial court denied the defendant’s petition, in part, because it was filed beyond the five-year time limitation set forth under the current law. The trial court also held that the plaintiff had not established a prima facie case that she was entitled to relief. Continue reading