Convicted DUI drivers can clean up their criminal records through a process known as “post-conviction relief.” Post-conviction relief can sometimes lessen probation restrictions and sometimes eliminate restrictions entirely. The post-conviction relief actually vacates the conviction if certain criteria are met. Skilled California DUI/DWI attorneys can review cases to see if they are eligible for post-conviction relief. In doing so, California DUI/DWI attorneys should look for:
(a) Substantial denial in the conviction proceedings of defendant’s rights under the U.S. Constitution or the Constitution or laws of California.
(b) Lack of jurisdiction of the court to impose the judgment rendered upon defendant’s conviction.
(c) Imposition of sentencing in excess of or otherwise not in accordance with the sentencing guidelines authorized by law.
(d) Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy.
Apart from what otherwise may be required by California’s constitution, a post-conviction relief petition that follows these rules can challenge a conviction judgment rendered in California. However, this petition is not a substitute for appeal or for a motion incident to the proceedings in trial court, and it is not allowed to be filed while a case is in appellate review. California DUI lawyers should take note that any grounds for post-conviction relief that are not raised in the prior proceeding under these rules or during the account that resulted in the conviction, or in any appeal taken in any such proceedings are normally barred from being asserted in a proceeding under these rules in the state of California. However, such is not the case if the court on motion or during a hearing finds (1) that the grounds for relief not previously raised could not have been reasonably raised in any prior proceeding, (2) that enforcement of the bar would result in fundamental injustice, or (3) that denial of relief would be contrary to the U.S. Constitution or California’s constitution.