The penalty for a 3rd DUI w/in 10 years is a 10-year loss of license. That's the penalty the legislature decided on, in part reasoning that people who can't seem to stop driving drunk shouldn't be doing any driving...at least, not for ten years. The idea being, a 3rd-time offender would learn to stop drinking and driving.
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Under the current sentancing law, you cannot get your license back until the 10 years has passed. There would need to be a change in the law to permit getting the license back earlier.
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No. But you might be able file a PCR on convictions under 5 years old. A new proposed law may give you some relief. But I do not know if it will apply to your situation and it is not passed as yet.
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The short answer is no! However, the is a procedure known as post conviction relief (PCR), in which a person may be able to reopen a prior conviction. In order to file a PCR application, a person must be within 5 years of their conviction. If outside the 5 years, you must show "excusable neglect," as a reason for not attacking it ealier. The most common type of PCR application is "ineffective assistance of counsel."
A defendant claiming incompetent representation must demonstrate first that counsel’s performance was deficient, that is, “counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed by the “Sixth Amendment.” To satisfy this component, the defendant must show that counsel’s performance fell below and objective standard of reasonableness, as measured by prevailing norms, considering all of the surrounding circumstances. A defendant challenging counsel’s performance must identify the particular conduct alleged to have been unreasonable and overcome a “strong presumption” that counsel acted within the “wide range” of reasonable professional conduct. Id. at 688-89. The second prong requires a defendant to demonstrate that counsel’s performance prejudiced defense to the extent that defendant was deprived of a fair trial to the extent that the result would have been different.
The key is to have your file reviewed by a season DWI lawyer, not just a general practitioner who may not be familar with all the in and outs of DWI defenses. This would require reviewing the discovery and researching what motions the original attorney filed....if any.
At the Hernandez Law Firm, we specialize in DW(I defense, al,ost exclusively. Steven Hernandez is a certified Alcotest Operator and owns not only the Alcotest 7110, but the Breathalyzer 900 and 900A. In addition, Mr. Hernandez is a certified field sobrity instructor. With these skills he will be able to determine whether you are a candidate for PCR. Mr. Hernandez can be reached at 732-286-2700.
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