Super Lawyers 2022
PACDL
TOP 40
LEAD COUNSEL
National College for DUI Defense
Avvo Rating 10.0
NAOCDL

Appealing an DUI Conviction in Pennsylvania

Any veteran attorney who has spent time in the courtroom knows a hard truth: the justice system isn’t perfect, and courts sometimes reach the wrong conclusion. Just because a person has been accused of operating a vehicle impaired (DUI) doesn’t automatically mean they are guilty of the crime. Frequently, the evidence required to prove guilt beyond a reasonable doubt simply isn’t there. Fortunately, DUI convictions in Pennsylvania are not always the final word; in specific circumstances, they can be appealed.

The Pennsylvania justice system includes a safety net designed to catch and correct errors made during a trial. If a legal mistake occurred during your initial proceedings, there are specific steps available to fix that error and ensure justice is served. The primary mechanism for this correction is the Court of Appeals.

Understanding the Appeals Process

When you file an appeal, you are essentially asking a different judge—or typically a panel of three judges—to review the history of your case. They are not re-trying the case from scratch. Instead, they analyze the official record of the trial to determine if any legal errors were made by the judge or prosecution.

If this panel reviews the case and finds no errors, your conviction will stand. However, if they do identify mistakes, two primary outcomes can occur. First, they might send your case back to the lower court (the trial court) with instructions for the judge and jury to reconsider their decision based on correct legal standards. Second, in some instances, they have the authority to completely overturn your conviction. Navigating these complex procedural waters is exactly why securing a knowledgeable Mercer DUI lawyer is essential for your defense strategy.

Specific types of errors tend to occur more frequently in DUI cases than others. These errors often form the basis of a successful appeal. The appellate court looks for specific instances where the law was applied incorrectly.

Common grounds for appeal include:

  • Lack of Reasonable Suspicion: The judge incorrectly ruled that the police officers had valid “reasonable suspicion” to pull your car over in the first place.
  • Inadmissible Test Results: The judge allowed the prosecution to present breath, blood, or urine test results as evidence when they should have been excluded due to procedural errors or equipment faults.
  • Lack of Probable Cause: The judge mistakenly determined that the police had “probable cause” to arrest you, meaning the arrest itself might have been unlawful.
  • Improper Field Sobriety Evidence: The judge permitted the results of field sobriety tests (like the walk-and-turn) to be used as evidence against you, even if the tests were administered incorrectly.

It is crucial to understand that an appeal is strictly based on the concept of legal mistakes made during the proceedings against you. A seasoned Mercer criminal lawyer will tell you that an appeals court generally will not look at new evidence that was not presented in the original trial. While a successful appeal can trigger a new trial where new evidence might be heard, the appeal itself is a review of the past, not a do-over.

Why Should You Consider an Appeal?

A DUI conviction can be devastating and can wreak havoc on your personal and professional life. If the court makes an error and convicts you when the law does not support it, you could end up paying a heavy price for an offense you did not legally commit. These consequences can be life-long.

A DUI conviction in Pennsylvania can result in:

  • Immediate loss of employment or difficulty finding future jobs.
  • Mandatory jail time.
  • Points added to your driver’s license, leading to further administrative headaches.
  • Suspension or total loss of driving privileges.
  • Expensive fines and court costs.
  • A permanent criminal record that follows you forever.
  • Having your vehicle immobilized or seized by the state.
  • Skyrocketing auto insurance premiums.

A successful appeal has the potential to remove many of these burdens from your life. By working with a Mercer DUI lawyer, you can fight to clear your name and avoid these severe penalties.

How Do Appeals Happen?

Once you have made the difficult decision to appeal a DUI conviction, the process becomes highly technical. Your attorney will file specific paperwork, such as a Notice of Appeal, with the appellate court to officially start the process. They will also request that the court transcript—a word-for-word written record of everything said during your trial—be sent to the appeals court for review.

Next, your Mercer DUI lawyer meticulously examines this transcript to identify potential legal mistakes. They will list these errors and draft a formal document called a “brief.” This brief is a written legal argument explaining exactly what mistakes were made and citing the specific laws that support the claim that the conviction was in error. Your attorney then files this brief with the appeals court.

In response, the prosecutor will file their own brief, arguing why they believe the conviction should stand and why the trial court’s decisions were correct. In complex cases, lawyers may file additional written arguments to clarify their positions. A Mercer criminal lawyer is instrumental in crafting a persuasive brief that highlights the specific injustices in your case.

The judges at the appeals court then have a choice. They can decide the case based solely on the written briefs, or they can schedule an oral argument hearing. If a hearing is granted, both your legal counsel and the prosecutor will appear in person to state their points of view and answer rigorous questions from the panel of judges.

Once the judges have reviewed all the materials—the transcripts, the briefs, and the oral arguments—they will write their decision. This process can take time, particularly if the legal issues involved in your case are complicated.

Why Do I Need a Lawyer to Help Me With This?

Appeals are based solely on the interpretation of the law and the identification of procedural mistakes. Because most people are unfamiliar with the dense nuances of Pennsylvania DUI laws and appellate procedures, it is vital to hire an expert to guide you. Attempting to navigate this alone is virtually impossible for a layperson. Having the right representation such as Mercer criminal lawyer could be the difference between your conviction standing or being overturned.

Sometimes, the attorney who represented you at the initial trial can continue to help you through the appeals process. However, there are times when you might prefer a fresh set of eyes. If you did not have an attorney at the trial level, it is absolutely critical that you hire a Mercer DUI lawyer for the appeal. You need an advocate who has successfully appealed cases similar to yours in the past.

It is also important to remember that there is a very strict, limited window of time in which you can file an appeal after a conviction. If you miss this deadline, you lose your right to appeal forever. If you believe a mistake was made in your case, do not wait.

Contact Us for a Consultation

If you are facing the aftermath of an unfair conviction in Mercer County or the surrounding areas, you need a team that understands the appellate system inside and out. A qualified Mercer criminal lawyer can review your case and determine if grounds for an appeal exist.Logue Law Group has the best-trained DUI attorneys around. We are dedicated to ensuring that the justice system works fairly for everyone. Call 412.389.0805 or contact us online to schedule a free consultation. Don’t let a legal error dictate your future—reach out to a Mercer DUI lawyer at our group today.

Client Reviews

Mr. Logue came to me for my consultation, which was nice! He helped me better understand my situation so I could weigh my options. He kept me updated on any new information about my case, and I could always easily contact him if I had any questions. I knew I was in good hands, and I got the best...

Former Client

"He always answers his phone, day or night and he understands the law better than anyone. He always answers my calls for both corporate and personal legal decisions and I have a ton of questions." Mr. Logue is good for one reason, he cares. A client is not a quick buck. His rates are reasonable too...

Former Client

"I am thankful we found him, and would recommend him to anyone needing a great attorney to represent them." I am happy to be able to share this information with everyone. Mr. Logue gave attention to our problem immediately and resolved the issue for us quickly. He is an attorney who is respected...

Former Client

Get in Touch

Fill out the contact form or call us at (330) 992-3036
to schedule your free consultation.
  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Highly Rated Super Lawyer

Leave Us a Message

I would like to receive text messages from Youngstown Criminal Law Group.