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"If a plead guilty for a 1st time DUI defense, without legal representation, and want to try and sue to get the case reopened.."

Lewis Center, OH |

...so that I could fight it the way i should have done the first time, what are the possibilities?

At the time I was rediculously naive and unaware of how to handle such a situation. I passed the breath test with a .09.

Attorney Answers 3

Posted

There are very limited options for you at this point. Once you plead guilty, and are sentenced, you are likely out of luck. But, there is the possibility of Withdrawing your Plea. But, there are very narrow options for that too. It will depend on what court you pled guilty in. Whether certain rights were read to you prior to the court accepting your plea. How long ago was your plea. Long and short of it is, you may be able to file a motion to withdraw your plea, but I would need to know more about your case first. It is always worth looking into the possibilities of trying to re-litigate the case, because the alternative is you are guaranteed you have a conviction for life.

Attorney Mark A. Deters
Deters Law LLC
www.deterslaw.com
(937) 224-1100

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1 comment

Asker

Posted

Thank you for your response. This is definitely a shot in the dark, as this case occurred a whole 8 years ago. I've always wanted to do it over but understand that may not be possible. This was in Upper Arlington, Ohio. From what I understand, at the time the legal limit was .10, and my reading was .09. If there's anything at all that could be done here, please advise.

Posted

Also, .o9 is over the legal limit

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Posted

Damage has been done. No such thing as suing to get case reopened. FWIW, .09 is over the limit.

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