Dismissed DWI Appeal Reinstated after 3 years – State v. Patel (UNP)

In State v. Patel, an UNPUBLISHED Appellate Division decision from this morning, the Court ruled that a municipal appeal that had been dismissed 3 years earlier could be reinstated in the Law Division. The defendant in this case hired an attorney to represent him on the appeal. Although the appeal was properly filed, it was subsequently dismissed because of the failure of the attorney to file a brief.

Thereafter, knowing the case had been dismissed, the attorney made numerous and continuing representations to the defendant that the appeal was still pending. After 3 years, when the defendant learned the appeal had been dismissed, he hired a new attorney who sought its reinstatement.

The Appellate Division allowed the appeal to be reinstated based upon the fact that the fault for the dismissal could, in no manner, be attributed to the defendant.

Download a copy of State v. Patel, an UNPUBLISHED decision

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