How to Appeal a DUI Sentence
Posted by guestcontributor on Oct 19, 2011 in Uncategorized | Comments Off
So you went to a party, you maybe had a drink or two more than you meant to, but by the time you left, you really felt like you were okay to drive home…right up until you saw those flashing lights and heard the siren behind you. You aren’t the first person to make this mistake and you certainly won’t be the last, but if you feel like you were unfairly charged with and convicted of a DUI then you should definitely try to appeal the sentence in order to keep the conviction off your permanent record (and keep your insurance payments down). However, there are a few steps you’ll have to take in order to appeal. Here’s what you should do.
If you haven’t already hired a lawyer, the time is now. Obviously you can’t mount your own defense (or you wouldn’t be in this mess), so it’s time to bring in a professional. It may cost you a few ducats, but considering what it could save you in the long run it’s well worth the expense to ensure that all the proper paperwork is filed on time and that you have someone on your sides who understands the ins and outs of the legal process. You should take some time to choose the right attorney, and it will require you to do some research, seek referrals, and find a lawyer that has a good track record of winning cases like yours.
Also, you’ll need to hire an attorney quickly. Despite the fact that it could take months for your appeal to be heard, most states require you to file paperwork soon after your conviction, some in as little as ten days. A lawyer will be well aware of the timeline for filing all paperwork and know exactly what needs to be done in order to get the process moving along, so don’t hesitate or you could lose your chance at an appeal.
From there, you need to realize that appealing a DUI conviction does not mean your case is going to be tried a second time. Your attorney may argue that you deserve a new trial or a different sentence, but all that happens at a DUI appeal is that the record of your prior hearing is reviewed so that a judge may determine whether or not mistakes were made that led to a wrongful conviction and/or sentencing in your case. Your attorney will first file a brief that outlines all errors made during the trial, after which the prosecution (usually the state) has the opportunity to file a rebuttal brief stating why the conviction and sentence should be upheld. Finally, your lawyer may file a response. Then, when the hearing comes around, each side may (or may not) be allowed to make an oral statement.
At this point the judge will render a decision. Your conviction and sentence may stand, you might have the conviction overturned or the sentence revoked, or you could end up with a new trial or a new sentencing. But if you take the time to hire a good attorney you’ll stand a much better chance of a favorable outcome. And however it shakes out, you’ll hopefully learn a valuable lesson about the perils of drinking and driving.
Jennifer Drew writes for Attorney Philadelphia (www.kellislaw.com), a law group specializing in DUI cases with 20 years of jury trial experience.