I had no idea really on how to handle the case , just went to court to see what would happen. I was being charged with a DUI , .8 and .7 was what i had on the breathalyser , when they were charging me , they told me about the .8 charge , they dropped it from a DUI to reckless driving with Alcohol. So I accepted , plead no contest , took the deal. Then went up again to the judge , and thats when they told me they were giving me reckless driving with alcohol with a .7 , now my record is messed up for it. Just wanna know if there would be anyway of reopening the case , and redoing it. I dont want this to ruin my record , didnt have the money at the time for a lawyer , but can now.
Yes. It is possible to make a motion to withdraw your plea. Unfortunately, "reckless driving with alcohol" counts the same on your driving record as a DUI for certain purposes. You should consult with an attorney as soon as possible as delay can hurt your chances of withdrawing the plea.
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This is exactly why it is a BAD idea to handle these things without an attorney. A wet is priorable for purposes of a DUI. If you want to withdraw your plea, get an attorney to help you.
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It can be done but it is not easy and there are no guarantees. And if it's not easy that means it's expensive. You are where you are you need to decide how to move forward. It is difficult when you realize you have to pay to defend yourself when your not guilty
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
Did you not at least have the public defender representing you? If not, you have just learned the hard way how foolish it is to plead guilty to a crime without even consulting with an attorney. You will now have to pay twice as much for an attorney, first to litigate a motion to withdraw your guilty plea and then, if you are successful there, to fight your DUI case. Good luck to you.
Making a motion to withdraw your plea is not something you should jump into. You must get a free consultation with a lawyer first to make a sound determination whether you have a shot at winning the motion. The requirements for withdrawing your guilty plea are very strict and I am not sure, judging by your comments above, that you have a qualifying reason for the withdrawal. Seek the advice of a lawyer before hiring them. A motion like this can be expensive and you don't want to go down that road unless you have a valid reason.
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