Just because you have a prior DUI conviction it does not mean that your past will haunt you forever. Some prior DUI convictions may be reopened and possibly re-fought. We may even be able to limit your prior conviction in order to avoid jail time in a current DUI charge that you are facing. In order to determine whether these options are available in your particular situation, you need to consult with one of our NJ drunk driving lawyers who have the necessary knowledge and experience in obtaining post-conviction relief.
Expunging a Criminal Offense v. Post-Conviction Relief
In New Jersey, a drunk driving conviction is not considered a criminal offense. As such, it is cannot be expunged from your criminal record. However, in some cases, Post Conviction Relief may be a viable alternative.
Post Conviction Relief involves the investigation of prior convictions to determine if errors were committed by the court, State, or defense counsel. If we find that any of these errors merit attempting to reopen the old case, we will file a Petition for Post Conviction Relief in the court where your original DUI was heard, alleging the errors committed and stating why the matter should be reopened.
Our NJ drunk driving lawyers generally have two goals in seeking a Post Conviction Relief:
- To reopen the case, vacate the DUI conviction, and either negotiate a better result or go to trial on the matter;
- Obtain an order from the court stating that based on the alleged errors in the Petition, the conviction from the original record should not be used to enhance the sentence in the current DUI matter.
The specific relief available in your particular case depends on the specific facts of your case.
We Can Help
If you or a loved one was arrested for a DUI, you need to immediately call NJ drunk driving lawyer Dan Matrafajlo at 908-248-4404 for a free consultation. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you. Mr. Matrafajlo has the experience in New Jersey municipal courts that you need. He has been recognized locally for his legal ability and named a SuperLawyers Rising Star by his peers. Dan has the knowledge and skill to prepare the best strategy and present the best evidence at your DUI bench trial to increase the likelihood of dismissing the DUI charges against you.
