Interviewer: Let’s say I’ve learned to live and adapt to having a DUI conviction and managed to keep it discreet from employers. Would reopening this be an invitation for employers to find out?
The Benefits of Overturning a Conviction Outweigh the Potential Drawbacks
Brian Sloan: If employers want to do their due diligence, they can find a DUI conviction either through background checks or through doing a simple search on the internet. Possibly employers don’t care; but, if there’s an opportunity to get refunded 1600-plus dollars and if there’s an opportunity to possibly not have any sort of DUI conviction on your record, which could also have an impact on people’s car insurance rates, and it only costs 500 dollars, that seems like a pretty good bet.
If Your Conviction was Overturned, You Should Contact Your Auto Insurance Company to Ask for a Rate Reduction
Interviewer: Could I ask my attorney to assist with my insurance, and negotiating with them, and getting my rate back to a reasonable price?
Brian Sloan: That’s not something that I help my clients on. I think that it is something that they can approach their insurance company if the case is overturned and say, “Hey. Can we lower my rate? I believe you took it into consideration that I was convicted of DUI. That has been overturned. I have been declared innocent of that offense.” I don’t know if insurance companies would work with that.
Again, we’re dealing with new territory here on insurance companies being state-specific, and state insurance companies aren’t necessarily going to know how to deal with this type of situation, because they’re not used to people getting records expunged.
They’re not used to convictions being overturned. This is really a new area that prosecutors, and judges, and insurance companies, and the Motor Vehicle Division need to deal with.
What Are the Costs Associated with Overturning a Past Drug-Related DUI Conviction?
Interviewer: Aside from attorney fees, what are some of the costs I might have to pay if I want to reopen this?
Attorney Fees Should Be the Sole Expense of Overturning a Conviction
Brian Sloan: As far as my fees go, there really shouldn’t be anything else, unless the prosecutor does plan on moving forward with going to trial. If so, then I would have to charge my normal fees for legal representation. The 6 clients that I have represented so far, they have paid me $500 and they’re not going to end up paying me any additional money. If the prosecutor chooses to continue fighting the case, then I would have to be hired for legal representation just as if it was a brand new case.
In the case of my client who pled guilty to being impaired to the slightest degree, but only had a minute amount of alcohol in his system and the inactive marijuana metabolite, where the prosecutor is fighting the case, that is something that might require appealing the court’s ruling. I don’t handle appeals. That may necessitate the client having an appellate attorney, which I can refer them to, in order to continue fighting on this issue.
