APPEALING DUI CONVICTIONS ARE POSSIBLE

Posted on: February 13, 2015 by in DUI
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California Vehicle Code 23103 and 23103.5

Orange County DUI defense attorneyIf you make the choice to appeal a DUI conviction in California, make sure that your decision is reasonable rather than emotional. Appealing a DUI conviction can be a long and difficult challenge in the California court system. Still, if you believe that you were wrongly convicted, you may be able to appeal your conviction. Be sure you’ve obtained the counsel of an experienced Orange County DUI defense attorney before making any final decision.

Don’t appeal your DUI conviction merely as a ruse to avoid some of its legal consequences; you should only appeal a DUI conviction when you genuinely believe that you are innocent. A good DUI defense lawyer can help you determine if sufficient grounds exist for potentially overturning your DUI conviction. Success is more likely if you work with an experienced DUI defense lawyer.

Legal grounds for appealing a DUI conviction may include false arrest, lack of evidence, or jury or prosecutorial misconduct. If you’re convicted of a misdemeanor DUI under California Vehicle Code 23103 and 23103.5, you have only 30 days to file an appeal with the Appellate Division of the Superior Court. A felony DUI appeal also must be filed within 30 days. A prosecutor has already proven guilt “beyond a reasonable doubt,” so an appeal must convince the court that the conviction was made in error. Appealing a felony DUI conviction can take up to a year.

When you genuinely believe in your innocence, seek the advice of an experienced California DUI defense attorney regarding an appeal. If a good DUI lawyer agrees that you have grounds to overturn the conviction, that lawyer can fight diligently to defend your rights and set the record straight. If you’re considering an appeal, or if you’re facing any DUI-related charge in Orange County, speak at once to an experienced Orange County DUI defense attorney.