DWI Convicition Vacated for Violation of Defendant’s Due Process

I recently filed a motion to vacate a DWI conviction on behalf of a client. I am representing this client on his second DWI offense. However, I determined that I may be able to limit his exposure on his second offense by challenging the first conviction. I filed a Motion for post-conviction relief in the court where he was first convicted. The grounds for the motion were numerous, but the main argument revolved around the court’s failure to adequately advise my client of, inter alia,  his right to trial, his right to confront witnesses, his right to remain silent, etc., and failure to elicit a factual basis for the offense to which he pleaded guilty.

The motion was argued and the judge ordered that the conviction be vacated and the matter be returned to the trial calendar. Now we have the opportunity to go to trial on the DWI charge. This is a fairly old offense, so the state’s proofs my be a little “dusty” and the officer’s recollection a little clouded.

In the meantime, my client does not have a conviction for DWI on his record and I can have two opportunities to try to keep him out of that second offender range of punishment, and possibly beat both charges all together.

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