Is It Possible To Contest My DWI Conviction?
A recent decision by the New Jersey Supreme Court has brought more than 20,000 drunk driving convictions into question. In December 2016, the state charged police Sgt. Marc W. Dennis with tampering with Breathalyzer and Alcotest machines and results. Now, thousands of DWI charges in five counties could be dismissed.
If police charged you with a DWI in Middlesex, Monmouth, Ocean, Somerset or Union County, you may be able to appeal your conviction. However, the path to clear your record may be challenging. You will need an attorney you can trust in your corner.
At the Law Offices of Thomas Carroll Blauvelt, LLC, I will relentlessly protect your rights. Contact my offices at 877-676-7729 for a free consultation.
Understanding The Original Case
The Supreme Court case began when Eileen Cassidy pleaded guilty to a drunk driving charge based on the results of a Breathalyzer test in September 2016. When she and her lawyer discovered Marc Dennis’ misconduct, they filed an appeal.
Investigations discovered that all machines Dennis had calibrated between 2008 and 2016 could have tainted Breathalyzer results. The final Supreme Court decision vacated Cassidy’s conviction and included the chance for others like hers to be expunged as well.
What Could It Mean For You?
The ruling deemed all the breath tests during this period as inadmissible. So, you may be able to challenge and appeal your conviction. Even if you have already served a sentence, paid fines or completed community service, you could seek a legal or financial remedy.
You must meet certain requirements to appeal. Your charge and conviction must have:
- Occurred between 2008 and 2016
- Occurred in the counties of Middlesex, Monmouth, Union, Somerset or Ocean
- Depended mostly or entirely on a Breathalyzer test
Pursuing an appeal does not guarantee that your conviction will be overturned. If you meet these requirements, however, you have a right to due process.
How I Can Help
The final court decision was not clear on who can or how to overturn a conviction. That is why it is essential to get an experienced attorney on your side. I have experience as a prosecutor, so I understand how the other side works. In an appeal, state prosecutors will try to sustain your conviction without the Breathalyzer results. With over 28 years of trial experience, I know how to fight for the best possible results available to you and protect your best interests.
You may already know how a DWI conviction can impact your entire life and future. I will advocate for you to help get your future back.