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Appeal Against DUI Conviction

Posted on:9/4/2012
The US legal system affords defendants the right to appeal. Convicted DUI defendants have a right to have another court review their trial to determine whether it was fair and followed proper procedures.


The US legal system affords defendants the right to appeal. Convicted DUI defendants have a right to have another court review their trial to determine whether it was fair and followed proper procedures. This review is called an appeal. An appeal of a conviction for a minor crime where the original trial was in justice of the peace court or municipal court is called a trial de novo, or new trial. This type of appeal requires that the case be tried over from the beginning in the county court.

 

An appeal from most misdemeanors and all felonies is based upon a review of the record. A first time DUI is a misdemeanor in all states. A panel of judges reviews the appeal. These judges can affirm (leave alone) or reverse the conviction (that is, order a new trial before the original court). One of the judges writes an opinion explaining the reasons.In reviewing a conviction on appeal, the court is limited to looking at the record from the trial. The record consists of the papers filed in court, the exhibits at trial, and a verbatim transcript of every word spoken during the trial.

 

If you have been convicted for DUI, speak to an experienced DUI attorney. The attorney can review your case and advise you whether or not you have a case for appeal. Don't waive your right to appeal. Remember a DUI conviction even if it results only in a fine can have long term consequences.


  
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