Legal Question in DUI Law in New Jersey

if your not present in front of the judge, can you be proven guilty? back in 1997 i received a DWI and i was working on the road. my lawyer went to court and entered a guilty plea against my will. i now am trying to get my DL back and need to see if i can dismiss on of the past cases so my time will be up.


Asked on 2/25/10, 2:01 pm

4 Answers from Attorneys

david bildner bildner law firm

If an attorney has your authorization, it may be possible for the attorney to plead guilty on your behalf. You are saying the attorney did not have your permission, but after all this time it may be difficult to prove that. You say this happened 13 years ago and you want your license back. I don't know why you do not have it now. You say you want to "dismiss one of the past cases". What past cases? In order to give you good advice, I or any other attorney is going to need more information. If you wish to discuss it with me directly, you may call 877\688\3879.

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Answered on 3/02/10, 2:14 pm
Gary Moore Gary Moore Attorney At Law

You can call me if you like. One question is why have you waited so long to want to attack the conviction which you say is a product of your lawyer acting without authority?

Call me if you like.

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Answered on 3/02/10, 2:22 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

You have twenty DAYS to appeal a conviction and 5 years to file for post-conviction relief. You cannot get a DWI expunged - it stays on your license forever. Howevewr, due to the passage of time, you can likely get your license back by just paying whatever surcharges and restoration fees are still outstanding.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 3/02/10, 5:20 pm
Greggory Marootian Greggory M. Marootian, Esq.

The procedure used to enter your guilty plea was clearly improper. A DWI plea cannot be entered by a lawyer without the client being present. This is a clear legal basis to challenge the plea. There is generally a five-year time limit to make applications to challenge a conviction. However, that time period can be extended with a showing of excusable neglect. Further, there is a provision of the Court Rules that does not contain the five-year time bar. You should consult with experienced and competent legal counsel regarding the petition.

Greggory M. Marootian, Esq.

www.newjerseydwi.com

www.newjerseydwilawyer.blogspot.com

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Answered on 3/02/10, 8:25 pm


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