You can appeal a DUI conviction in Ohio if it resulted from any errors the court made. We can help you with identifying any issues during your trial as well as filing your appeal. If we can convince the appellate court that the trial court made a mistake in your original court case, we can ask for a new trial and possibly get your conviction overturned.
Fighting a Cincinnati DUI Conviction
If a court error led to a conviction that might have been avoidable, it is understandable to want to fight to ensure you get a fair trial. You have a lot at stake.
Getting convicted of a DUI/OVI in Ohio can affect your life in many ways. It can mean losing your driver’s license, paying exorbitant fines, having your vehicle impounded, and spending time in jail. You could lose your job; and having a permanent criminal record may make it difficult to get another one. You might also face difficulty renting an apartment or even getting car insurance.
A successful appeal can allow you to avoid all the consequences of an OVI conviction. However, you cannot simply file an appeal because you disagree with the outcome. To file an appeal, there must be a problem that occurred in your original trial. To win a new trial, you will have to identify a question of law in your trial and convince an appellate court the judge applied the law improperly.
Because an appeal hinges on questions of law, a typical defense attorney may not have the knowledge to handle an appeal. Our legal team understands the types of issues that can lead to a successful appeal and can work to win a better outcome in your retrial.
Possible Outcomes of an Appeal
There are several possible outcomes of an appeal. The appellate court can take several actions, including:
- Sending your case back to the trial court for retrial or re-sentencing
- Overturning your conviction entirely
- Affirming the trial court’s decision, and ruling there were no mistakes
- Confirming the mistakes, but ruling they did not affect the outcome of the case
The best chance of getting a positive outcome in your appeal is by identifying an error and building a solid case to show how that error led to your conviction. We can often help clients find these errors. This may include instances where the court:
- Allowed improperly collected or inaccurate blood alcohol concentration test results into evidence
- Allowed improperly conducted field sobriety tests outcomes into evidence
- Found there was reasonable cause for police to stop you with no supporting evidence
- Found there was probable cause for your arrest when there was no evidence to support it
Understanding the DUI Conviction Appeals Process
You must act quickly to file an appeal, because you only have a limited time to begin the process after your trial. If you enlist our help with this process, we can file your notice of appeal. In addition, we will take other actions to get your appeal in progress as quickly as possible. This includes:
- Requesting a transcript of your trial
- Identifying the legal grounds for an appeal
- Researching the laws that support your appeal
- Creating a brief that outlines the legal grounds and explains your case
- Filing the brief and other related documents
- Reviewing the prosecution’s response
- Preparing additional arguments for submission as needed
In some cases, the appellate court makes its decision about your appeal based entirely on the written documents we prepare and those submitted by the prosecution. In other cases, there may also be oral arguments. It is important to note that there is no new evidence presented in these hearings.
After the judges make a decision about your appeal, they will issue their decision in writing. We will receive this ruling and let you know the outcome as soon as possible.
Act Quickly Before Time Runs Out
There is only a limited period of time to file a notice of appeal after a drunk driving conviction in Ohio. Once you decide to appeal the outcome of your trial, you will need to do a lot of research and submit a large amount of paperwork in a short period of time. For this reason, most people decide to hire a DUI appeals attorney to handle this process.
If you are considering appealing your drunk driving conviction, we can help you. Call us as soon as possible for help understanding if you have a valid appeal. We can fight for your rights and a positive outcome in your case.
Are you or someone you know facing DUI / OVI charges?
If you are facing DUI charges, you need to speak with an experienced DUI attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.