Have you recently been convicted of driving under the influence (DUI) in Michigan? If you answered “yes,” and you want the conviction removed from your record, you may want to file an appeal. While a Michigan DUI appeal is not a retrial, the facts of your case will be examined by a higher (appellate) court to ensure that your trial and sentence were fair.
In order to appeal your case properly, you will need to hire an experienced DUI defense lawyer. When interviewing potential lawyers, ask about their track record in handling Michigan DUI appeal cases similar to yours. Your attorney will make sure you meet all of your deadlines and file all of the necessary paperwork to appeal your drinking and driving case.
To begin the appeal process, you must ask the judge who originally presided over your case for a new trial or to have his or her decision overturned. Please note that the judge actually approving this request is unlikely — it is just a step in the process.
Time is of the essence when requesting an appeal. You typically have a short time frame during which you can file a notice of appeal. Please note that appeals are available only if your course went to trial; if you decided to accept a plea deal, you more than likely waived your rights to an appeal.
In an appeal, the appellate court only looks at the record of the first DUI trial. This record consists of court transcripts, witness testimonies, and evidence. No new evidence is admitted during an appeal. Your attorney will submit a brief detailing why the conviction or sentencing was incorrect, and the state will then submit a brief arguing why the decision or sentencing should not be overturned.
You should ask your attorney for a copy of all of the appeal forms that are filed. The appeal process involves a great deal of paperwork, so you should make sure that your lawyer is keeping up to date with your case.
Are you interested in appealing your DUI case? Contact The Barone DUI Defense Firm today for more information regarding Michigan DUI appeal. Receive a free DUI case evaluation and copy of The Michigan DUI Book (A Citizen’s Handbook on Fighting a Michigan DUI Case) for filling out our online contact form.