A good number of television shows and movies feature cases that involve driving under the influence, DUI, charges up to the sentencing phase of the case. However, there is often one final step that can be taken for those who believe that their conviction was not warranted. Appealing a DUI case can be tricky, as there are many laws and statutes that offer little wiggle room in this type of case, and the majority of appeals are only heard if there is strong evidence of gross misconduct or a blatant miscarriage of justice.
Those convicted of DUI charges have only a very limited amount of time in which to appeal the court’s decision during the sentencing phase. In addition, once this window closes, it takes something drastic to reopen it, and this very rarely happens. It is estimated that less than 1% of cases that are appealed are actually granted. Therefore, although hundreds of cases may be appealed in a timely manner in a given year, only a handful or so are actually successfully appealed, and even fewer actually win the appeal.
When a conviction is appealed, it goes to the next higher court for review. The appellate court does not hear new evidence, and it is very unlikely that you will have to appear for this court hearing. They simply review the official court documents, especially the official case transcript, and ask questions as needed. Your attorney, and the prosecuting attorney will be present, or available for questioning. If there is sufficient evidence to warrant a blatant error or misjudgment, then the case may be heard in the appellate court.
You cannot simply go over the presiding judge’s head so to speak to request an appeal or new trial. There are avenues that must be followed in order to request the appeal, such as by requesting that the trial judge take a second look at the case, or asking for a new trial based on some new evidence. Keep in mind that only cases that went to trial or litigated suppression hearings are eligible for an appeal, since those who sign plea bargains often sign away their right to appeal the case later.
Tags: DUI case, DUI Charges, new evidence, plea bargains, request an appeal
