Skip to main content

Collateral attack to alter prior OWI conviction?

Grand Rapids, MI |

I have exhausted all options short of applying for a pardon to alter a conviction of OWI third. I see that a collateral attack on a prior conviction in which I was not informed of the importance of retaining counsel at the age of 17 after receiving my first OWI may be an option. Is this possible and is anyone interested, looking to retain competent counsel. I need help, unfortunately I made mistakes when I was 17, 19, and 24, have maintained sobriety, graduated from college with multiple degrees and still am lagged by this conviction in every way. If attending law school was an option, I would do this as my background as a Historian and grades are good enough too, but the reality, just like with so many other positions is that I am barred sometimes by law and de facto policies.

Attorney Answers 5

Posted

The problem that you are not allowed by law to expunge a DUI. When you say "collateral attack" - you are really talking about wiping the conviction off of your record for purposes of it enhancing a new charge to a more serious crime/penalty. Your work at rehabilitation is COMMENDABLE - but without compelling facts that include actual innocence - there is not much hope.

Mark as helpful

2 lawyers agree

Posted

The most often used line in law is "ignorance of the law is not a defense". Unfortunately, that is a true statement of the law as well.

I don't see how such a collateral attack would have a leg to stand on. First you have to get the issue heard and you are long past the traditional appeal timeline and have no new evidence for a 6500 motion.

If you want a more direct and realistically better opinion you should contact the State Appellate Defenders Office (SADO) directly.

Best of Luck.

An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney. In order to protect your interests, you should engage with and retain a competent criminal defense attorney who practices often in the court you are scheduled to be in front of if you have been (or believe you will be) charged with a crime in the State of Michigan.

Mark as helpful

7 lawyers agree

Posted

I don't see any legal remedies available for your situation. Sorry.

Mark as helpful

6 lawyers agree

Posted

I agree with the others I don't see any legal remedy for you at this point.

Mark as helpful

4 lawyers agree

Posted

I agree with my colleagues. You have no legal remedies. The more time you place between yourself and the conviction as well as continual improvement, achievement, and evidence of rehabilitation is what will help you in the long run.

Mark as helpful

5 lawyers agree

DUI topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics