Legal Question in DUI Law in Massachusetts
Cwof
Is there any way to have a guilty first offense DUI from 12 years ago changed to a CWOF? I was told byt the clerk that I was pleading to a CWOF but when I applied for a gun permit it is listed as a guity plea and verdict.
3 Answers from Attorneys
Re: Cwof
If you were represented by an attorney when you pleaded to the DUI 12 years ago you may wish to contact that attorney. If that is no longer possible, retain an attorney to review the court records and hopefully the audio recording, if it still exists, to see if you can support a claim of mistaken disposition. Your should also order a copy of your CORI record. Good Luck!
Re: Cwof
If you were represented by an attorney when you pleaded to the DUI 12 years ago you may wish to contact that attorney. If that is no longer possible, retain an attorney to review the court records and hopefully the audio recording, if it still exists, to see if you can support a claim of mistaken disposition. Your should also order a copy of your CORI record. Good Luck!
Re: Cwof
You would need evidence that it was the intention for your disposition to be CWOF. The passage of so much time may handicap you in that regard, but you might try taking a look at your case file at the court to see if there is anything in it to support your position. Better yet, if you can order an audio tape of the proceedings through the clerk's office and have it transcribed, hopefully it will show the clerk telling you during the proceedings that your disposition was supposed to be CWOF. In any event, there may be a fail amount of work and expense involved to try to get to the bottom of this, so you'll have to figure out how and if you want to proceed.