You might believe that your alternatives are limited if you faced your DUI charges and were found guilty. There could be additional actions you can take, though. If there was any sort of legal mistake in your case, the conviction can be overturned, and you might be granted a new trial. We strongly advise you to call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation if you feel there was a legal mistake in your DUI conviction.

Appealing a DUI in California

A DUI appeal cannot be filed until after the verdict of your case. Remember that just because you filed an appeal doesn't imply the appellate judge will re-hear the facts of your case and determine whether you were guilty or not. These choices are made by jurors or judges at trial, not an appeals judge. The only thing an appeal court can do is review the case's legal elements to see whether any mistakes were committed. You could be eligible for a fresh trial if they decide there was.

What happens if you succeed on appeal for a DUI in California

If your appeal is successful, your conviction will be vacated. Does this indicate your criminal record has been cleared, and you are now free to leave? Wait a minute. In reality, it effectively means that your case is returned to its pre-trial state. Although the prosecutor has the option of starting over, they are often more likely to give you a better plea agreement. Sometimes they might not even give it another go. The appropriate criminal defense lawyer may make a significant difference in this circumstance.

Possible justifications for appealing a DUI case

You must be able to demonstrate that the trial judge committed mistakes in order to successfully appeal your DUI conviction. The majority of the time, this happens when a judge allows evidence in a trial that they ought not to have. This might relate to a situation in which you were unlawfully stopped, detained, or searched. The appellate court may opt to throw out the evidence and overturn the conviction if it is determined to be legitimate.

A police officer stopping someone without enough justification is a frequent instance in a DUI case. They cannot just stop automobiles when they see people leaving an establishment that served alcohol or when they have a suspicion that someone is intoxicated. If they pulled you over, there had better be a good reason. A breach of your rights occurs if blood is taken without your permission or a court order.

You might be able to challenge a criminal DUI conviction in a few different situations, just to name a few. Call Law Office of Michael L. Fell at (949) 585-9055 as soon as possible for a free legal consultation if you think you might have a case.