How likely is it to get Post Conviction Relief for an OWI that happened in 2008? In NW Indiana. I have evidence that may help.

Asked almost 2 years ago - Valparaiso, IN

I received an OWI in 2008. I called for assistance to get my truck that was stuck in sand towed. I approached the officers whom were looking at my truck. They immediately asked questions relating to drinking & driving. I admitted that I had some drinks. Told them I had "too much" and "a lot", which doesn't tell them how many drinks I had. 2 drinks could be "too much" and 4 drinks could be "a lot" for me. They did not know when I drank or when I drove. Could've been 3-4 hours before they arrived or never. They never witnessed me driving. I have a receipt that shows repairs done to my truck, proving the truck was inoperable. I also have a weather print out showing how the weather was that night. Will this help in getting PC? Plus I feel the lawyer i had didn't put much time into the case.

Attorney answers (2)

  1. 1

    Lawyer agrees

    Answered . You will not be able to get PCR. All of those facts were know to you before you entered into a plea agreement or were convicted. Plus, too much time has lapsed. I believe you have posted questions about this case on AVVO on a couple different occasions. You need to put this behind you and move forward.

  2. 1

    Lawyer agrees

    Answered . I assume you pled to something which means you admitted it to the court under oath. So probably nothing will come of this.

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The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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