Laurick-Relief

by | Jun 21, 2016 | Blog, Criminal Law, DUI, Traffic Stops

Fred Sisto Criminial Defense Attorney DUIWhen facing an additional DUI charge after your first offense, the penalties increase dramatically and in many cases include a jail sentence.  Depending on the circumstance, however, there is something known as “Laurick relief” that could be granted by the court in certain situations.  Laurick relief was created after a case in 1990 that allowed the court to grant reduced penalties to anyone facing their second or third DUI charge after not being represented by legal counsel in their previous DWI offense(s).  The case lasted 5 months and it was ultimately decided that the penalties Laurick was facing were too high considering his previous uncounseled case.  The New Jersey Supreme Court held:

“There are two aspects of our analysis. The first is constitutional analysis of the limits on a state’s power to impose recidivist penalties on the basis of uncounseled convictions. The second is a more familiar judicial analysis of what constitutes good cause for collateral relief from an earlier judgment of conviction.

We hold that with the exception that a prior DWI conviction that was uncounseled in violation of court policy may not be used to increase a defendant’s loss of liberty, there is no constitutional impediment to the use of the prior uncounseled DWI conviction to establish repeat-offender status under DWI laws. With respect to collateral consequences of an uncounseled conviction other than a loss of liberty, any relief to be afforded should follow our usual principles for affording post-conviction relief from criminal judgments, namely, a showing of a denial of fundamental justice or other miscarriage of justice.”

This decision has been used by defense attorneys throughout the state.  It is a common practice by defense attorneys to analyze a client’s prior DUI convictions when he/she is facing a second or third charge.  Laurick relief is just one of many ways to minimize the harsh potential penalties for multiple DUI offenders.

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Have been very happy to share checkpoint info with friends so they can be safe and sober drivers. Thanks for a great community effort
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Deserved 5 star review. I got all my charges dismissed.
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Fred is an outstanding lawyer. As a fellow attorney, I've relied on his expertise in several cases, and have referred clients to him with excellent results.
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Great site Fred. keep up the good work at informing the public of these unlawful check points.
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Fred is a very competent attorney. He is knowledgeable, thorough, effective and possesses outstanding interpersonal skills. He provided excellent representation in my case and obtained a favorable outcome.
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I called Mr. Sisto a few weeks back and he returned the call immediately! I asked a few questions and he clearly explained the options for one of my employees. He then followed up with a detailed proposal. He was completely knowledgeable, helpful and insightful. If I ever had to use him I would feel VERY comfortable with his representation.
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Thank you Fred for all your hard work and communication through my case. I got into a situation and very fortunate to have had Fred help me resolve it. He gave me great options and advice on how he would handle the situation and the steps we needed to follow. Highly satisfied with my experience and would highly recommend. Thank you Anthony Zappulla
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