A DWI conviction can feel like an overwhelming, daunting experience. However, that doesn’t mean that you ought to give up the fight. In fact, many of the individuals convicted of DWI have turned out to be wrongfully convicted as a result of a mistake. Legal errors happen all the time with both sentencing and convictions.
If you have a reason to believe that the court has mistakenly convicted you, you should know that you do have the right to ask for an appeal. In this article, we will discuss the role of appeals in DWI cases, and what you should know prior to entering the appeal process.
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Appealing your DWI conviction
Appealing your conviction essentially means filing a request to the court to have your DWI conviction reviewed. This can be done due to the perceived legal mistakes regarding your sentencing or conviction. According to a respectable DWI lawyer Rochester NY, a skilled professional can help detect any mistakes regarding your criminal case and use that as a base for challenging court’s decisions.
Still, if you wish to appeal your DWI conviction, you ought to act quickly. In some states, you have only 10 days to contact an appeal attorney and file a notice of appeal. After that, you may wait up to several months to be heard.
Review of a DWI case
The help of a skilled attorney is a valuable tool in navigating the complexities of the legal system. Not only will a well-versed legal professional provide you with different legal options you have at your disposal, but they will offer legal advice and help you understand DWI laws better.
A legal professional will also take a careful look at your DWI charge and examine the details of your original trial. This will involve them reviewing everything from the evidence gathered by the police to court records to legal procedures. All this can help them determine the grounds for the appeal, which they can then file promptly and effectively, increasing the chances of a favorable legal outcome.
The grounds for filing a DWI appeal
In order for your DWI attorney to be able to file an appeal, they ought to identify the appealable grounds by reviewing your DWI case. In essence, anything from a question of law to the procedural issue can be perceived as a legal issue and serve as appealable grounds.
Some of the most common grounds used for a DWI appeal include:
- Jury was selected improperly
- Jury was provided with improper instructions
- The evidence presented is insufficient
- Misconduct of the jurors
- Invalid evidence authentication (illegal search and seizure, illegal police stop, faulty evidence, improper administration of FSTs, etc.)
- Intentionally suppressing potentially helpful evidence
The benefits of a DWI appeal for an individual
There are multiple benefits that come with your DUI conviction being overturned. For starters, a person convicted of a DWI can get a new chance at a trial if their appeal turns out to be successful. What this means is that they get a chance at negotiating a better plea deal and improving their reputation by proving their innocence.
By managing to correct any errors made during the trial – either factual or legal – an attorney can successfully reverse conviction and ensure a shorter sentence for their client. As a result, the client can avoid the negative impact of a DWI conviction on their private and professional life, employment opportunities, housing, etc.
The benefits of a DWI appeal for the society
Aside from offering multiple benefits to an individual, a DWI appeal may also reflect positively on the society as a whole. DUI appeals that manage to draw attention of the public will highlight any potential problems regarding DWI laws.
This, in turn, could lead to changes being made within a particular law, potentially leading to a reform in the legal system. All this can make a positive impact on the way similar cases are handled down the road, thus securing better outcomes for those involved.
The power of a successful DWI appeal
There’s no denying the important role of appeals in DWI cases. Aside from helping a person avoid jail time and ensuring they retain a clean criminal record, DWI appeals also offer multiple other individual and societal benefits. Ensuring these benefits starts with contacting a reputable lawyer in your area who can offer valuable legal advice and help.
If you or someone you love are considering filing a DWI appeal, don’t hesitate to look for professional legal help as it can potentially ensure sentence leniency, repairs within the legal system, and even DWI conviction being reversed.
