QUESTION
Can I file a post conviction relief on charges of driving while ability impaired after sentencing?
Asked on Jun 28th, 2018 on DUI/DWI - Colorado
More details to this question:
When I woke up I was in the air going off of the side of a ledge , my car ended up stuck in a fence. When the police arrived they said I needed to go to the hospital when I got to the hospital they took a blood sample automatically because i was injured. It came back positive for methamphetamine and amphetamine and charged me with driving while ability impaired on a deferred sentence. I have a year of supervised probation but I was not in the drivers seat of the vehicle when the police arrived and there were no witnesses of the accident.
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
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While it is legally possible to file for relief (I assume you mean to withdraw the plea and start again), it is extremely unlikely that it would be successful. The courts look at the advisement you were given in court by the Judge when you entered your plea - not the facts of the case. The issue in withdrawing a plea is whether you understood what you were doing at the time you entered the plea. It will be quite expensive and difficult to try to re-open the case and certainly no guarantee that if you get to re-open the case and start again, that it will turn out better than a deferred sentence (which, if successfully completed, results in dismissal of the charge).
Answered on Jun 29th, 2018 at 6:59 AM