Appealing a DUI Conviction in New Castle

Any experienced lawyer knows that courts can sometimes reach the wrong conclusion. An accusation of Driving Under the Influence (DUI) doesn’t automatically mean guilt, as the evidence required for a conviction may be lacking. In certain situations, DUI convictions in Ohio can be appealed.

The justice system in Ohio is structured to allow for corrections when a mistake occurs during a trial. One of the primary mechanisms for this is the court of appeals. A New Castle criminal lawyer can guide you through this complex process.

When you initiate an appeal, you are requesting that a different judge or a panel of judges review your case. They will meticulously examine the trial proceedings to identify any legal errors. If they find no mistakes, your conviction will be upheld. However, if they do uncover errors, two outcomes are possible. They might remand your case, sending it back to the lower court with instructions for the judge and jury to reconsider their decision. Alternatively, they could overturn your conviction entirely. Engaging a skilled New Castle DUI lawyer is crucial at this stage.

Certain common errors in DUI cases frequently lead to appeals. These include:

• The judge incorrectly determined that the police had reasonable suspicion to stop your vehicle.
• The judge improperly allowed breath or blood test results, which should have been excluded, to be used as evidence against you. A New Castle criminal lawyer can identify such errors.
• The judge wrongly concluded that the police had probable cause for your arrest.
• The judge allowed results from field sobriety tests to be presented as evidence when they should have been inadmissible.

It is vital to understand that an appeal focuses on legal mistakes made during your case. An appeals court will only review the evidence that was presented in your original trial; it will not consider any new evidence that may have surfaced. While an appeal can result in a new trial, it is not a new trial in itself. A New Castle DUI lawyer can clarify these distinctions for you.

Why Consider an Appeal?

A DUI conviction can profoundly disrupt your life. If the court errs and convicts you unjustly, you face severe consequences for an offense you did not commit—consequences that can last a lifetime. A skilled New Castle criminal lawyer can help mitigate these risks. Any of the following can stem from a DUI conviction:

• Losing your job
• Facing jail time
• Having points added to your driver’s license
• Losing your driving privileges
• Paying substantial fines
• Acquiring a permanent criminal record
• Having your vehicle immobilized or confiscated
• Paying higher auto insurance premiums

A successful appeal can eliminate many of these issues, offering a path to restoring your life. A knowledgeable New Castle DUI lawyer will fight for the best possible outcome.

How Do Appeals Happen?

After you decide to appeal a DUI conviction, your attorney will file the necessary documents with the appellate court to begin the process. They will arrange for your court transcript to be sent to the appeals court for their review. Your New Castle DUI lawyer will handle all the procedural requirements.

Your attorney will then scrutinize your case for potential legal errors, which they will identify and compile. Following this, they will draft a “brief,” a detailed legal document explaining the mistakes made and citing the laws that support the argument for overturning the conviction. Your lawyer files this brief with the appeals court. The prosecutor will submit their own brief, arguing why the conviction should stand. In some cases, depending on the specifics, lawyers may file additional written arguments.

The appellate court judges can either schedule a hearing or make their decision based solely on the briefs submitted. If a hearing is granted, both your lawyer and the prosecutor will have the chance to present their arguments in person and answer any questions from the judges.

Once all the information has been reviewed, the judges will issue their written decision. This process can take some time, particularly if the case is complex.

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

Appeals are founded exclusively on legal principles and errors of law made in court. Since most people are not familiar with the extensive and nuanced DUI laws, it is essential to hire a legal expert to assist you. This decision can be the deciding factor between your conviction being upheld or overturned.

Sometimes, the attorney who represented you initially can also handle the appeal, but you might prefer a different one. If you did not have an attorney for your original trial, it is crucial to hire one for the appeal. It is important to select an attorney who has a proven track record of successfully appealing cases like yours.

Also, remember that there is a strict deadline for filing an appeal. If you are considering this option, you should contact an attorney as soon as possible.

The Youngstown Criminal Law Group has the most highly trained DUI attorneys in the area. Call us or contact us at (330) 992-3036 to schedule a free consultation.