Being convicted of a DUI can be a scary situation. Alcohol-related offenses can carry significant penalties and follow you around for many years. The good news is that you can fight a conviction, especially if you feel that the court handled your case improperly. Did you know you can appeal a DUI conviction?
An appeal allows you to ask the court to review the case and look for errors in the sentencing or the case itself. If errors are found, you could face lesser charges or, in some cases, have your case dismissed altogether. To learn more about a DUI appeal in Ohio, contact the Cincinnati DUI lawyers at Luftman, Heck & Associates at (513) 338-1890.
Reasons to Appeal a DUI Conviction
Depending on the circumstances and outcome of your DUI conviction, your attorney may raise a number of issues that would allow you to file an appeal. For example, errors in how your plea was stated (guilty, not guilty, etc.) may qualify. If certain motions were not followed in court – such as a motion to suppress evidence – then you may be able to appeal and start a new trial.
The DUI Appeal Process
The process is complicated, so as a first step, you should hire a DUI attorney. You should do this as soon as possible, since there is a 30-day time limit to file an appeal after being convicted. Your attorney can review your case and look for errors that would have impacted your case and led to your conviction.
Your attorney will file the appropriate paperwork informing the court of the appeal, including an appellate brief, which outlines the errors found in the trial and reasons as to why the conviction should not be valid. You cannot add new evidence at this point.
The prosecution will receive notification of the appeal and review the record, which includes the brief as well as elements of the court proceedings, such as transcripts and evidence. The prosecution will then respond. The response may be positive, and you may get your charges reduced or dropped. In other cases, though, the court will uphold its decision.
You may have the opportunity to file a second brief as well as state your case in an oral argument. At that time, the court will make its final decision.
Want to Appeal Your DUI Conviction?
Nobody’s perfect. Sometimes the court gets it wrong and convicts innocent people of crimes they did not do. If you feel you were wrongfully convicted of a DUI, get legal help to determine your options. Although the appeal process can take many months, it may be worth it if the court rules in your favor.
A Cincinnati DUI lawyer from Luftman, Heck & Associates can review the details of your case and determine your rights to an appeal. If your case had legal errors, you may receive a different sentence or a new trial altogether.
Don’t handle a DUI appeal on your own. You need to make sure you follow all the appropriate steps and avoid missing deadlines.
The experienced DUI lawyers at Luftman, Heck & Associates can keep you on track and help you win your appeal. To learn more, call (513) 338-1890.