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Can a motion for relief from judgment be used to alter a prior conviction of OWI, roughly 4 years ago?

Grand Rapids, MI |

I received an OWI in Kent County, unfortunately it was my third, resulting in a felony conviction. I feel that something fundamentally wrong went on during the conviction process. The lawyer I hired failed to inform me of my constitutional rights. Is filing this motion a possibility?

It was not by plea technically, I believe. I was charged with OWI third and after my first hearing the lawyer indicated that if I did not plead guilty to the charge of OWI third then they were going to add a charge of resisting arrest. The trump charge related to being in custody while handcuffed and being perceived as threatening with my hands handcuffed behind my back. I was then engaged physically by multiple Michigan State Police officers and Kent County jail officials without ever initiating any physical contact for expressing my first amendment rights. The physical trauma received was documented by the medical staff. I was too young and scared to ask the right questions then, I figured I had paid good money for a "reputable" attorney, but I now know different.

Attorney Answers 4

Posted

It's an extremely high burden and not one that most people can meet after waiting this long.

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Posted

All I need to know is that it is a possibility, now that I am off probation and out of the state of Michigan, I finally feel free to bring up these grievances. If I had more trust in the system and the money to fight this I would have done this long ago. Unfortunately, while educated, I have yet to pursue law as a path, I am much more content studying the history of constitutional law that is responsible for this quagmire of patchwork, judicial activism, stare decisis, etc. One only need to understand these concept to know it's not about what's morally right but what has been done in the past that largely determines the ruling of courts in this country. Thank you for your advice!

Posted

Your time period for filing such an appeal would have expired long ago. Unless there was evidence that the officer or lab technician falsified the blood alcohol evidence against you (which has happened recently in some states), there is probably no relief available to you. You can consult with an appellate attorney in your area but I imagine they will tell you the same thing.

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Posted

It could, but it is highly unlikely. Very highly unlikely. Especially if the conviction was by plea because the court would've have advised you of your rights and it would've been recorded. The court wouldn't have been able to accept your plea unless you agreed that you understood your rights and were willing to waive them. That said, your motion would also, based on what you've described, require that you file this based on ineffective assistance of counsel, which is very difficult to establish. You should go see an appellate attorney in your area to discuss this in more detail. You could file this on your own, but you shouldn't because you only get ONE chance at it. Good luck.

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It was not by plea technically, I believe. I was charged with OWI third and after my first hearing the lawyer indicated that if I did not plead guilty to the charge of OWI third then they were going to add a charge of resisting arrest. The trump charge related to being in custody while handcuffed and being perceived as threatening with my hands handcuffed behind my back. I was then engaged physically by multiple Michigan State Police officers and Kent County jail officials without ever initiating any physical contact for expressing my first amendment rights. The physical trauma received was documented by the medical staff. I was too young and scared to ask the right questions then, I figured I had paid good money for a "reputable" attorney, but I now know different.

Posted

The Judge would have given you your constitutional rights on the record if he did not then you have a good shot.

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