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If someone was convicted of vehicular homicide and part of the sentence was loss of license for 5yrs, is there a chance to lift?
Anonymous7 views4 answers
Convicted of vehicular homicide, sentenced to 3yrs SP and 5yrs loss of license. The 5yrs loss of license doesn't start until the 3yrs in prison is complete. the 3yrs was served and completed back on 19/14/2012. currently having 2 1/2 years left with loss of license left. Not having a license is causing so many issues in my life mainly being limited with work capabilities. What is the chance that I can go back to court and get this suspension lifted to 2 1/2 yrs and be completely done with it since i have already have served 2 1/2 yrs of the suspension. Can someone please let me know if I have a chance at all and if so how to go about this process? Thank you for your time!
Dean I. SchneiderCriminal Defense AttorneyRed Bank, NJ ·
There are a number of ways to challenge this, but they are all extremely fact sensitive. You need to find a lawyer with DWI expertise, we can't directly contact you through this site, and set up a consultation. There many great lawyers who have free consults. You need a lawyer!
Since the court suspended your driving privileges for 5 years to commence after imprisonment, I am assuming you were found to be driving under the influence. If that is accurate, you cannot get it reduced absent setting aside the conviction or finding you were under the influence. The statute says your driving privileges SHALL be suspended for a period between 5 years and life. Unless your attorney was not competent, I do not believe the suspension can be reduced.
Anything is possible, but if the 5 year loss of license was part of the sentence and/or plea bargain you'll need court approval to modify that term and you can expect the prosecuting attorney will object as well. Might want to contact the attorney who handled your case.
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
I do not believe the license loss is mandatory. if i am wrong there is nothing to do. But if i am right ask your prior attorney file a motion to lift the portion of the sentence.
