Post-Conviction Relief for DWI in NJ

DWI Post Conviction Relief Trenton

DWI charges in New Jersey carry severe penalties, including jail time and loss of driving privileges. These penalties are enhanced for subsequent offenses, which can make jail time mandatory in many cases. That’s why it is extremely important that your attorney understands the legal system and knows how to challenge earlier DWI convictions by seeking Post-Conviction Relief. Getting your earlier DWI conviction overturned can also minimize other penalties in your current case, including the amount of fines and the period of driver’s license suspension.

Hamilton Post DUI Lawfirm

The DWI defense attorneys at Kamensky Cohen & Riechelson have more than 40 years of experience handling drunk driving cases in Lawrence, Trenton, and everywhere else in Mercer County, NJ. Our DWI litigation team includes a New Jersey Certified Trial Attorney and an NJ “Super Lawyer,” so we understand the nuances of DWI law and know our way around the courtroom. Call KCR today so that we can help you fight your charges and avoid the most serious penalties.

Grounds for Post-Conviction Relief in Mercer County

You can be sentenced to 2-90 days in jail for a second offense DWI; a conviction for a third offense DWI will result in 180 days in jail. The best way to avoid these mandatory penalties is to challenge your earlier conviction through a process known as “Post-Conviction Relief.”

Post-Conviction Relief may be available under certain circumstances:

  • Reversible Errors: If the court made any reversible errors in your earlier DWI trial, an attorney might be able to get your prior conviction vacated. This will require the attorney to reopen the old case and fight the original charges.
  • Ineffective Assistance of Counsel: If the competency of your legal counsel during the earlier trial can be called into question, it might be possible to get your earlier conviction overturned.
  • No Factual Basis for Guilty Plea: Even if you pleaded guilty in the earlier DWI case, the sentence may be vacated. This is because the court is required to ask the defendant to admit to the crime in court and provide a sufficient factual basis for the guilty plea. If the judge in your earlier case failed to do this, the guilty plea may be vacated.

Even if an attorney cannot get your prior conviction overturned, it might be possible to get a court order that prevents the judge in your current case from considering the earlier conviction when sentencing you.

You Need to Act Quickly: 5-Year Time Limit for PCR in Mercer County

Time is of the essence in your case because you have just five years to seek Post-Conviction Relief. If more than five years have passed since the original conviction, the defendant’s attorney must provide a justification for the delay in filing for Post-Conviction Relief. For example, a defendant who represented himself or herself at the original trial might not have been aware of their right to legal counsel.

Free Consultation with Ewing DUI Lawyers

Kamensky Cohen & Riechelson is prepared to fight your DWI charges and minimize the consequences of a conviction. Call us today to explore your legal options, or fill out the online contact form to schedule a meeting at our Trenton or Pennington office.

Contact Kamensky Cohen & Riechelson

The experienced lawyers you can trust. We focus on success and get results. That’s why we’ve been trusted by clients for over 40 years.

Let us help you navigate your legal challenges.
Call (609) 528-2596 or (215) 337-4915 or send us an email. We're here when you need us.