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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118143
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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2011 DUI case in De

Customer Question

2011 DUI case in De
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What do you mean how do you challenge it? If you were convicted and did not appeal after the conviction you really cannot challenge it, but please tell us more about the situation and we can determine if there is anything that can be done or not.

Customer: replied 9 months ago.
2011 I took a plea to first offender, my Lawyer didn't bring up the sleeping meds i was on, and didn't know that i had a drugs charge as well as alcohol. i was denied use of the Veteran court. I am trying to get my license back the State treatment facility discharge me at risk because i use medical cannabis. Before going to the state i spent over 30 days inpatient and four month five days a week outpatient. six months of treatment didn't matter i still needed eight hours of videos'. do i have any recourse?
Customer: replied 9 months ago.
dyslexia take me longer then some
Customer: replied 9 months ago.
are you a criminal attorney in DE?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
None of the attorneys on this site can represent any customer on this site, state law allows us to only provide general educational information and guidance to customers.
Unfortunately, if this all happened in 2011 and you took a plea and you did not seek to try to vacate the plea within a year based on claiming ineffective assistance of counsel, for not arguing your medications, then I am sorry to say that it is too late to now try to vacate this plea. In a plea agreement, you waive your rights to appeal, so the only real way to try to vacate the plea would be the finding of brand new evidence that was not available during your case trial and as such the plea could be vacated. If the medication issue was known by you at the time of the case in 2011, then this wouldn't be new evidence to seek to vacate the plea I am afraid.
Your only recourse is to complete the DMV requirements I am afraid in order to get the reinstatement.
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