Sunday, June 10, 2012

Steps to Appeal a DUI Conviction

When convicted for a driving under influence case, removing the conviction from the record or fighting for the lighter sentencing would include you to appeal. The appeal isn't particularly a retrial, but merely a re-examination of the proceedings to ensure that trial was conducted in a free and fair manner. One has to go bit by bit to appeal a DUI.

You need to first hire a DUI solicitor who has a good record of cases that are like yours. A solicitor will help you with the procedural details of the case. You no more miss deadlines or steps necessary to appeal your DUI case.

Plead for a new trial in such case. Prior to your appeal in the DUI case, ask for the judge who presided over your case to take a new trial or ask for the decision to be reversed. Although this type of occurrences is unlikely, it is but the beginning of the appeal process.

Be sure to file the appeal fast. You usually have between 10 and 30 days time to file a notice of appeal, relying on the state's laws. As appeals are only available for cases that went to trial, when you accept a plea bargain, you probably waive any rights of an appeal.

Ask for the copies of each form which has been filed already. As the appeal process is principally handled by the counsel before an appellate court, hence ensure that your DUI solicitor stays on top of your case by having all the copies of the briefs and forms filed with the court.

No matter what is the result of your appeal at the court of law, try and work with a group like the National Council on Alcoholism. All your past and present problem of drinking or other substance abuse will be dealt with by the Council to make you avoid the DUI offenses.

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