DWI Plea Agreement

[theoneperson]

What is the name of your state? Maryland
I went to court on 12-14-07 and I accepted a plea agreement for the lesser charge of DWI as opposed to the greater charge of DUI. I was sentenced to two weekends in jail and I served my time. I went to court to look over my records and I found out that they incorrectly put put DUI as a conviction and dropped the DWI charge. I got the audio recordings and the prosecutor clearly states that he is accepting the plea agreement for a DWI and will drop the DUI charges.
Now since the wrong charges of DUI have been entered on my records, and I have evidence that I was supposed to be convicted of a DWI can I have the DUI conviction thrown out and not have any type of conviction on my record because of this technical error?

I am in Maryland

[CavemanLawyer]

Originally Posted by theoneperson

I went to court to look over my records and I found out that they incorrectly put put DUI as a conviction and dropped the DWI charge.

They incorrectly put DUI as the conviction...where? Are you looking at the local history on the computer or are you looking at the actual judgment? If the judgment is correct than that is all that matters. If its wrong in the computer than tell the clerk and they'll fix it.

If the wrong charge is actually listed on the judgment, but the judgment is otherwise correct and gives a lawful sentence, than you've got a problem. That means that notwithstanding the mistake, you are lawfully convicted of the wrong crime. Your remedy is to file a motion for a new trial which basically means that the conviction is thrown out and you are recharged, and you will then hope that the State will stick to the original agreement. But you cannot just get everything thrown out if the judgment is lawful, albeit for the wrong charge.

[theoneperson]

I was charged with three offenses
driving under the influence
driving while intoxicated
driving under the infulence per se

It listed in the court records as the judgement of driving under the influence

[garrula lingua]

Talk to the Prosecutor.
Usually, if a charge is reduced, the Prosecutor has to file a form to that effect. Possibly a form wasn't filed.

However the error happened, the Prosecutor is the best one to advise re correction. It may simply be a clerical error by the clerk which can be corrected by court staff.

PS: keep your copy of the audio tape and judgment.