A DWI conviction can significantly impact your life and the lives of your loved ones. A DWI conviction can also mean a second or third conviction could have you facing a very harsh jail term and driver’s license suspension.
The majority of people think that it is impossible to reverse an old DWI conviction. This is not so. You may be able to overturn an old DWI conviction through a legal process called a petition for post-conviction relief (PCR).
What Is a Petition for Post-Conviction Relief?
A PCR is a legal procedure that can provide a means for getting an old DWI conviction overturned. The process involves filing an application in the Municipal Court where you were originally convicted and requesting a reversal of this prior conviction. The application is treated as a request for the court to reopen your DWI conviction.
Filing a PCR application allows the judge to look at the details of your prior conviction and determine whether a new ruling is possible. In certain cases, the previous drunk driving conviction is vacated. The court can also enter an order preventing any new Municipal Court judge from sentencing a new conviction based on the old one.
When Are PCR Applications Filed?
PCR applications are generally filed and useful when a defendant is charged with a second or third DWI offense. A successful PCR application may prevent the Municipal Court judge to sentence a second offender as a first offender, thus facing lighter penalties or avoiding jail time altogether.
If you or a loved one is facing a second or third DWI offense, you should immediately consult with an experienced New Jersey DWI attorney for more information about filing a PCR application.
For more information or to schedule a complimentary consultation with a New Jersey DWI attorney, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.