Please Help! Court's Clerical Mistake To Add More Time On Driving Suspension! What Can I Do?

2 years ago, I was convicted of 2nd DWI; prosecutor & lawyer agreed to plea-bargain initial 7-mo driver's license suspension (received from 1st DWI) to run CONCURRENTLY with new 2-yr license suspension; paid thousands of $$ in fees & fines, went to mandatory 16-wk Drunk-Driving classes (another $50/wk, not covered by insurance), did 48-hr mandatory lock-down for counseling, & didn't drive for 2 YRS!!; went to DMV on court-approved date to get license reinstated, & was told that court had incorrectly filled-out information; DMV's ATS system NOW states that original 7-mo suspension is to be served CONSECUTIVELY, and NOT concurrently, & that I have 7 ADDITIONAL mos on sentence. My lawyer wrote affadavit stating facts of case, but court insists it can't find record of original plea-bargain...

West Milford, NJ -

Attorney Answers (3)

Mark M Cheser

Mark M Cheser

DUI / DWI Attorney - Union, NJ
Answered

I hope my colleagues are correct and what I am about to write is incorrect. But the Statute specifically requires that a sentence such as yours run consecutively. If this is correct (and I hope I am wrong) the Court could not impose a concurrent sentence regardless of the plea bargain. I do know that unless the sentence is marked concurrent it will run consecutively. But here it could have been marked but the DMV refused to honor it. Try the transcript route to at least show that was the deal. Then you could move to reopen and retract your plea because of everyone’s error., including the Judge. The Court would likely grant that and find a way to rectify the situation but in the mean time you are suspended. Sorry, hope I'm wrong. Call if you like 008-687-6650.

Eric M. Mark

Eric M. Mark

DUI / DWI Attorney - Newark, NJ
Answered

Your best bet is to order the transcript from court the day you entered your plea agreement and were sentenced. That will, of course, cost you money and take some time.

Carl Scott Spector

Carl Scott Spector

DUI / DWI Attorney - New York, NY
Answered

You have every right to challenge the mistake. You can order the transcripts from the court proceedings to see what they say. If they no longer have the original court file then send a request the DMV and take a look at your driving abstract. That may shed some light on the case.
Lastly, you may be able to make a motion to the original court and have the judge reinstate the original sentence.

Good Luck.

Carl Spector

Note: For informational purposes only.

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