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Collateral Attacks on Prior DWI Pleas
By Mark Stevens
The Legal Framework for Undoing the ‘Work’ of Ineffective CounselThe penalties for subsequent DWI convictions continue to become harsher.
The danger of enhanced collateral consequences for drivers convicted of
DWI has grown. Many drivers have suffered prior convictions after
receiving sloppy advice to plead guilty in cases that should have been
tried and for which the driver received no real benefit by pleading
guilty. As the collateral consequences for DWI convictions increase, you
may see an increase in the frequency of clients who approach you and
ask that you try to undo the work of dump-truck lawyers who convinced
them to get convicted. This article examines the legal framework for a
post-conviction attack on a prior DWI plea based on the ineffective
assistance of counsel.
Hypothetical Case Scenario
A driver is arrested for DWI in New Hampshire. He refuses breath
testing. New Hampshire has a 10-year look-back period for DWI
convictions. The evidence consists
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