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State v. Chun, et al.: New Jersey Supreme Court DWI Case

E. If You Already Entered “Conditional Plea”

If you have already entered a “conditional plea”, contact your attorney to follow up on the effect the Supreme Court’s decision (new case law) will have on your case. If you do not have an attorney, or if your attorney recommends that you consult an attorney that made the new case law, contact New Jersey DWI attorney Bartholomew Baffuto, Esq. for a consultation. There may be something you can do depending on the evidence for conviction. You may be able to go back to the municipal court where you were convicted and try the case. You may have an opportunity to reverse your conviction. If you have a chance to fight it, you should fight it with a top DWI attorney. Otherwise, you are wasting a great chance! If you have a chance to go back to the municipal court and try the case again, you should plan well ahead and do it right. Contact New Jersey DWI attorney Bartholomew Baffuto, Esq. to discuss your options

If you pled guilty and were sentenced but sentence was stayed (i.e., you did not pay fines and your driving privilege was not suspended), a so-called “Chun stay”, you will receive a notice to return to court for execution of sentence.

On March 17, 2008 Chun stays ended because the Supreme Court decided the Alcotest litigation. Now, you decide. My clients will go to court to demand a trial; not for execution of sentence.


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1The figure is as of May 29, 2007. Win rate is defined as the number of clients not convicted for DWI divided by the total number of clients who were charged with DWI. The clients are those who retained this office after 2005. Each case varies. Under any circumstance, we do NOT guarantee a successful outcome in any individual case.

2The figure is as of May 29, 2007. Win rate is defined as the number of clients not convicted for No Automobile Liability Insurance divided by the total number of clients who were charged with said charge. The clients are those who retained this office after 2000. Each case varies. Under any circumstance, we do NOT guarantee a successful outcome in any individual case.


     
 
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Copyright January 3, 2007 © Bartholomew Baffuto, Esq. All rights reserved.