I was charged with a second DUI and I had never been convicted of a first offense Also my court records have beenaltere.

Question

All of my court records have been altered from simple traffic violations to added offenses that now read criminal offenses. As far back as a taillight infraction from 1991 that now says it's a criminal offense. With that same infraction it now states that a conversion was involved. I had never heard of a conversion until I read online that it is when someone holds another's property for control and such. My records do have who altered all of my records and has a date stamp. The second DUI fine and the other tickets equaled about $4000.00 and this wrongful conviction has taken my livelihood, my business, my drivers license away and any chance of paying the fine. Collection agency refused 2 months of payments and then sued me in court for non-payment and tossed another $1200.00 into the fine I'm disabled and this has taken everything from me. I'm trying to find a way to appeal the obvious misconduct and have the case reopened and overturned but that I need help with. Plus more. Thank you

James L. Arrasmith · Answer

I'm so sorry to hear about the difficult situation you're going through with these wrongful charges and convictions. It sounds extremely frustrating and stressful to have your records altered, be wrongfully convicted of a 2nd DUI, and face major fines and loss of livelihood as a result. A few thoughts: 
 
First and foremost, I would strongly recommend trying to get legal assistance if at all possible, either through a public defender, legal aid organization, or pro bono attorney. Appealing a conviction and proving misconduct is a complex legal process that will be very difficult to navigate on your own. Look into legal aid resources in your area. 
 
In terms of the altered records, the fact that there is a record of who made the changes and when is important evidence. Print out or save copies of anything showing the alterations. You'll want to gather as much documentation as you can. 
 
For the 2nd DUI conviction, key things to look at are whether proper procedures were followed in terms of testing, arrests, Miranda rights, etc. Also whether there is any record of a 1st DUI conviction that would justify it being charged as a 2nd offense. Definitely focus efforts there. 
 
You may be able to file a motion for post-conviction relief based on ineffective assistance of counsel if you had a public defender who didn't properly defend you. An attorney can advise if you have grounds for that. 
 
If an appeal or post-conviction motion is not possible or successful, you could try to get the conviction expunged or sealed so it doesn't continue impacting your life. Requirements vary by state. 
 
I would also suggest reaching out to local elected officials, the ACLU or other civil rights groups, and media outlets to share your story and see if they can help draw attention to your case and the misconduct involved. Public pressure could help. 
 
I know finances are tight, but if you can afford it, it may also be worth hiring a private investigator to dig into what happened with the altered records and inappropriate actions by officials in your case.  
 
The main thing is don't give up. Keep pushing to collect evidence and get help to prove your innocence. Document everything and get support from legal aid, advocates, and your community if possible. I hope you're able to get this overturned. Wishing you all the best.

Q: I was charged with a second DUI and I had never been convicted of a first offense Also my court records have beenaltere.