QUESTION
If convicted of 2nd DUI not charged not refusal can application be presented to the court a year later to change conviction to refusal vs 2nd DUI
Asked on Jul 26th, 2016 on DUI/DWI - New Jersey
More details to this question:
In December 2014 I was convicted on 2nd DUI. I refused the breathalyzer at the time but the court dropped that charge. A year and a half later is it possible to make an application to the court to change the charge to a Refusal vs the DUI. Same fines, loss of license etc only on paper administratively is it changed.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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It is almost impossible to change a DUI guilty plea unless you can prove that you were misled by your attorney. You had to give a 'factual basis' for the plea and this explanation by you of why you were guilty is very difficult to overcome. Ed Dimon 732-797-1600
Answered on Jul 30th, 2016 at 4:35 AM