Have you recently been convicted of a DUI in Michigan? Do you believe your conviction was made in error? An experienced drunk driving attorney can help you take the necessary legal action to appeal your conviction. Read on to learn more.
How to Appeal a Michigan DUI Conviction
Depending on the nature and circumstances of your drunk driving case, you may be able to file an action to challenge your conviction. In order to appeal your conviction in Ann Arbor, you must first determine whether there is sufficient legal ground to file an appeal such as, but not limited to the following:
- Jury or Judicial Bias
- Jury or Judicial Misconduct
- Excessive Penalty
- Prosecutor Errors
- Ineffective Assistance of Counsel
Once it is determined what grounds your appeal will be filed on, your appeal or request for an appeal will need to be filed with the next highest court above the original court of conviction. In Michigan, the first appellate court will be either circuit court or the court of appeals. The judge or judges who will review your appeal will be different than the judge that initially presided over your case.
During the appeal proceeding, the appellate court will only review the record of your DUI trial and will not consider any new evidence. The record will consist of any court transcripts and exhibits as well as any other relevant and admissible evidence that is part of the lower court’s record.
On your behalf, your appellate attorney will submit briefs to the appellate court challenging the lower court’s ruling. Your attorney will argue that based on judicial/juror error, the prosecutor’s error, or the ineffective assistance of your trial counsel, the outcome of your case was affected and hence the case against you should be dismissed, tried again, or re-sentenced.
Note, winning a drunk driving appeal in Washtenaw County and Michigan is not easy. You should discuss your right to appeal with your attorney immediately following your conviction since there are limitations on the period of time in which your appeal can be filed.
If you have been arrested for a drunk driving offense in Ann Arbor, contactWashtenaw County criminal defense attorney Stacey Washington for legal advice. Stacey Washington has helped many clients mitigate any long-term consequences of DUIs.