ALERT – Notification Letters Sent, Past DWI/DUI Convictions to Be Dismissed?

Liquor and keys to a car

Earlier this week, prosecutors, municipalities, and government agencies across the state started sending out letters to certain persons across New Jersey who had previously been convicted of driving while under the influence of alcohol. If you were charged and found guilty, or if you pleaded guilty, to driving while intoxicated between 2008 and 2016, you may be entitled to have your conviction overturned, retried, or thrown out completely.

If you have not yet received a letter, you may receive one soon. If you have any question about what your rights are, the letter advises you to consult an attorney immediately.

If you do not receive a letter, but believe you should have, you can also contact an experienced drunk driving lawyer to see if you were left out by mistake. This could have happened for a number of reasons, including if you moved to a different address since you were convicted. A drunk driving lawyer will be able to contact the town where you were convicted and see if there are grounds to overturn your conviction.

Who Should Expect a Letter

Nearly a year ago, we on the Edward M. Janzekovich Law Blog discussed a class action lawsuit that was filed in New Jersey, arguing that thousands of DWI/DUI convictions should be revisited and dismissed because State Police Officers may have been lying about whether or not breathalyzer machines used to measure the Blood Alcohol Content (BAC) of drivers arrested for drunk driving were properly calibrated.

In order to be considered as admissible evidence, a BAC test in New Jersey must be performed using a Alcotest 7110 MK-IIIC machine, manufactured by Draeger Industries. These machines have strict rules for making sure that they are accurate. State Police Sgt. Marc Dennis was officially indicted last December on three criminal charges following Grand Jury Proceedings that accused him of deliberately skipping the temperature check portion of recalibration procedures.

Officials believe that Sgt. Dennis’ failures could have affected BAC readings taken between 2008 and 2016. Since a BAC result of .08% or higher taken during that time could have resulted in an inaccurate DWI/DUI conviction, the lawsuit is arguing that anyone who was convicted based on a close BAC result should have their guilty finding thrown out.

DWI Notification Letter Contents

The DUI Notification Letter being sent out to past defendants will look something like this, although it will vary from county to county:
Somerset Country Prosecutors Office DWI Letter

The letter provides some information regarding why past drunk driving convictions are being overturned.

As noted in the letter, if you have any questions about what the letter means or if you or someone you know is entitled to relief, you should reach out to an experienced drunk driving attorney as soon as you can. A defense attorney familiar with this new legal development will be able to answer your questions and inform you of your rights.

New Jersey DUI Defense Attorney Edward M. Janzekovich Makes Knowing Your Rights His Job

If you or someone you know is arrested for drunk driving, or was previously convicted of driving while intoxicated, it is extremely important to contact an experienced DUI/DWI attorney who will make it his job to protect your rights. If you go to court, a good lawyer can also help you get the best results in your situation. Having a knowledgeable lawyer can make all the difference. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.