I didn't have bond money, so to be released I had to plead guilty to a DUI to keep from losing my job. Can I give my plea back?

My keys were in the ignition, I was behind the wheel, but only to steer while someone pushed me out of the road. I ask the officer to give me a breath test and he refused. Now my license is suspended for two years on an bogus arrest. What can I do?

Pascagoula, MS -

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Attorney Answers (2)

Victor Wallace Carmody Jr.

Victor Wallace Carmody Jr.

DUI / DWI Attorney - Jackson, MS
Answered

The State of Mississippi has a two level court system.This means that you can appeal from your conviction based on your plea of guilty to a higher court and and start your trial all over as if the lower court finding of guilty did not exist. This appeal procedure must be started within thirty days from the date of conviction,or you will have the dui conviction on your record for life.The only other way to proceed is to move the court to set aside your conviction for good cause shown and to put your case back on the court docket for a trial,which is very difficult.Since you now have a two year license suspension,I must conclude that this is a second dui offense,so some of this you must already know,but without hiring a lawyer,you may not.Good luck!

Legal disclaimer: This communication is for informational purposes only, and does not establish any attorney-... more
Wayne Rodgers Foote

Wayne Rodgers Foote

DUI / DWI Attorney - Bangor, ME
Answered

The problem with pleading guilty is that it is very hard to reverse that plea. There are ways to do it, but you will not be able to do it yourself. You will need to hire a lawyer to see if it is possible. The facts of the case will not get it reversed so whether you had a good defense or not doesn't matter right now. What matters are the facts of the plea hearing. Was it properly conducted? Were you advised of your rights and did you waive them.

You need a lawyer right away. There may be deadlines for attacking the plea that you will miss if you wait.

The really bad news is that even if you can withdraw your plea you will then need to fight the DUI.

You have rights, but they are only worth something if you exercise them.

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT... more

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