A conviction for driving under the influence (DUI) is serious. The charges can carry life changing consequences. If you’ve been charged of DUI, you may feel hopeless and think that you have no options. However, you can challenge the accusations by applying for post-conviction relief (PCR). A PCR is an application made by a driver convicted for DUI asking the court to have that conviction erased. The purpose of this relief is to allow the defendant to return to his or her pre-conviction status. This application is one way of saving a defendant from facing a long jail term or the loss of driving privileges. It is crucial for the convict to work with a skilled criminal defense lawyer to fight for his or her rights under the law.
There are various grounds for filing a PCR application. Here are some of them:
- You can file an application for PCR if your sentencing structure violates the state’s law by exceeding the maximum penalty limits as set by the state.
- If your rights under the New Jersey Constitution were violated at any point during the arrest, trial or conviction, you have the grounds to file for relief.
Filing a PCR application can be confusing. Strict time limitations and procedural requirements must be followed to have a PCR application granted. Typically, an application for PCR must be filed within five years after the original conviction. It is advisable to seek the help of an experienced criminal defense lawyer. Your lawyer will know if you have the grounds for filing a PCR application or if there are other options.
If you or someone you love has been arrested and charged with a DUI offense, our experienced criminal defense lawyer, Michael Peter Rubas of The Rubas Law Offices can help you. Mr. Rubas will meet with you personally to help assess your situation. Together, you can discuss the options available to you and how best to proceed. Mr. Rubas’ experience and knowledge will help you navigate the intricate workings of the legal system. Call 732-820-4332 in Spring Lake Heights and 201-448-9866 in Jersey City. You can also email Michael@Rubaslawoffices.com.