In many instances, even if a person is convicted of DWI, he or she may be able to obtain post-conviction relief. While there are substantive requirements a person must meet to obtain a reversal of a DWI conviction, there are procedural requirements as well. This was discussed in a recent case in which the Superior Court of New Jersey, Appellate Division, affirmed the denial of a defendant’s petition for post-conviction relief, due to the defendant’s extreme delay in seeking such relief. If you were previously convicted of DWI or currently face DWI charges, it is wise to speak with a New Jersey DWI defense attorney to your options for protecting your rights.
Background of the Case
It is alleged that the defendant pled guilty to two separate DWI charges twenty-eight and twenty-five years before he filed two petitions for post-conviction relief in 2018, asking the court to allow him to withdraw his guilty pleas. The defendant argued, in part, that he was not represented by an attorney for the first conviction, and that for both convictions, the court did not elicit the factual basis for either conviction, and he was not informed of his potential defenses or the consequences of entering a guilty plea. The municipal court denied the petitions, after which the defendant appealed. On appeal, the Superior Court affirmed.
Procedural Requirements for Seeking Post-Conviction Relief
Under New Jersey law, any petition seeking post-conviction relief must be filed within five years after a conviction is entered, or a sentence is imposed, unless the defendant can demonstrate that the delay in filing was due to his or her excusable neglect. In the subject case, the defendant argued that the delay was caused by his lack of knowledge regarding the law and his ignorance of the consequence of DWI convictions. Thus, the court found that the defendant failed to establish that his neglect in filing the petitions in a timely manner was excusable. Continue reading