How to Appeal a DUI Verdict

Posted By Tomeo Sills, LLC || 11-Jan-2018

Because error is a human quality, there’s a chance your judge or jury may have made a mistake when reviewing the evidence in your case or when issuing your sentence if you’ve been found guilty of driving under the influence. It happens more often than you may think as well: errors in judgement that allow illegal evidence to sway the court or judgements made via misinterpretations of the law could all be incorrect. As such, these are both grounds for appealing your DUI conviction. Let’s take a closer look at how to effectively appeal your case.

Do You Have Grounds?

The first question you need to ask yourself when considering a DUI appeal is do you have acceptable grounds for making your appeal? You can’t appeal your case simply because you don’t like the penalties you were issued: this is a waste of court resources and won’t result in any change to the actual decision. However, if the sentence you were issued was given in error (such as being too harsh for the circumstances of your case), you could appeal the sentence you were given to have it reduced.

Furthermore, if you believe you were improperly found guilty, such as the court refused to consider a piece of evidence that should have substantially helped your case, or the judge ruled erroneously by refusing to ban a piece of illegally-obtained evidence against you, then you could ask a higher court to review the case and find out if the judge’s decision was correct. If their decision is overturned, the case will be sent back and re-tried. However, there is still no guarantee that your verdict will change.

The DUI Appeal Process

When you decide to appeal your process, you (hopefully with the help of a Connecticut DUI attorney) must submit a petition for an appeal to an appellate court, arguing that your case should be dismissed, you should be given a re-trial, or you should be re-sentenced based on the outcome of your case. The appellate court may only look at the proceedings from the lower court—you will not be allowed to introduce any new evidence, regardless of how beneficial it might be.

The court will consider this public “record” and “briefs” (written arguments) submitted by both sides (the prosecution and you as the appellant) and ultimately issue a decision as to whether they accept or deny the appeal. Usually you will be given a chance to file a second brief to respond to what the prosecution submits to argue that your sentence should be upheld. The court may also hear verbal arguments before reaching their decision.

Before you petition the court, you should carefully discuss your case and find out if you have grounds to appeal your case in the first place. Call Tomeo Sills, LLC today at {F:P:Site:Phone} to set up a free case evaluation.

Categories: DUI
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