Q: The police guy who pulled me over was excessively rough and I got a concussion before taking in (I was eventually
convicted of a DUI). If I can prove assault when it wasn't justified, will my DUI conviction get retracted or are they two separate matters?
A: I do not suppose you hired an attorney to represent your interests and advise you before you were convicted of the charge. It is too late to change the dui. You have 30 days to appeal a conviction. And if you oled to the. harge, the only
A: I do not suppose you hired an attorney to represent your interests and advise you before you were convicted of the charge. It is too late to change the dui. You have 30 days to appeal a conviction, if the Judge made a mistake in the trial. And if you pled to the charge, the only thing you can appeal is an illegal sentance. No "retracting" a conviction. In fact, there is no such thing as "retracting" in the law, as far as I know. You might be able to raise an excessive force claim, but like anything else, it is fact dependent. Police get some leeway in making arrests, especially when they arrest an intoxicated person who does not cooperate and who is charged with resisting arrrest. It would help your claim if you raised it immediately. But, you should take the time to speak with an attorney who brings cases of excessive force. Give them all the facts. They will give you an informed answer.
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