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In '07 I was in a DUI accident. No proof to show who was driving my car. I was found guilty. Any way I can get out of this?

Sacramento, CA |

In '07 I was in a DUI car accident, where my car hit a parked car. Neither me or the other person in my car remember anything, but pictures show him in the drivers seat with feet on passenger side. The courts found me guilty and I was curious if there is any way to get money to help me pay all the fines, fees and penalties for this accident or even to get the conviction reduced/dropped.

Attorney Answers 4

  1. You need to search for a post-conviction lawyer in your area to discuss any rights to set aside a conviction. It is a VERY difficult task, and given the time, may be too late. Look for an attorney who handles post conviction or criminal appeals. Good luck. As for the fines and costs, you may want to consult with a bankruptcy lawyer, these types of debt are not often dischargable, but a good bankruptcy lawyer in your area can easily answer for you.

  2. If you were found guilty more than a year ago, there is virtually nothing that can be done to get the conviction changed.

    As for a way to get money, that is called a job, or finding charity.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

  3. The time period to appeal has long since passed in your case. I'm not sure what pictures you're talking about, but you were convicted (I don't know if it was after a jury trial or court trial) based on the evidence presented.

    This would be a major undertaking to try and undo a 6-7 year old conviction and goes way beyond a simple post online. You'll have to sit down face to face with an attorney in your area. You need a criminal attorney that focuses on post-conviction relief.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

  4. Was this based on a plea to a conviction, or did you go to trial (ie. jury or bench trial) and found guilty. Regardless, it will be very difficult if even possible at all to overturn a conviction from so long ago. You should speak to an attorney in your area in further detail to see if there is anything creative that can be done, but I would say it will likely be an uphill battle at best.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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