Add a driving under the Influence (DUI) arrest could leave someone in a problematic legal situation. A conviction for drunk driving might hurt employment options and even undermine many areas of the individual’s personal life. DUI convictions often result in license suspensions and even jail time. Those outcomes could cause problems that affect a person’s life for years. Perhaps appealing a DUI conviction in California may solve various legal troubles.
Appealing a DUI conviction
Appealing a criminal conviction typically involves proving a legal error occurred during the initial trial. When the defendant files an appeal, he or she asks the appellate court to review the error. The appellate court might examine the court record and agree with the appellant that a serious legal error occurred.
For example, the original judge might have ruled that the police had probable cause to perform a traffic stop. However, the appellate court might find no probable cause existed and overturn the conviction.
Appeals could also address the defendant’s sentencing. So, an appellate court might reduce the imposed sentence substantially if it sees problems with the original sentencing.
It bears mentioning that the court reviews the official record from the previous trial and the briefs filed by the attorneys. One brief may point to errors during the initial trial, while the other brief attempts to prove the initial decision was correct.
Be aware that the appeal does not allow for entering new evidence. Appeals only deal with issues related to the original record.
Benefits to an appeal
Successful DUI defenses, either during the initial trial or any subsequent appeal, could benefit the accused in many ways. A drunk driving conviction might result in a permanent criminal record. A successful appeal could reverse the conviction and take the stigma away.
For some, an appellate win could help them in other areas of their life. Doors may open to career opportunities, and those facing jail time may avoid incarceration.
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