California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
Convicted of a DUI? Maybe You Want to Explore Filing a California Appeal
Posted on
First off, let me say that not everyone who has been convicted of a California DUI crime should plan on filing an appeal. The California appellate process is very limited and only deals with specific legal issues. This means that unless your DUI case involves one of these issues, an appeal will be fruitless. This is why having a basic understanding of how to appeal a California criminal conviction is so important.
But before you can appreciate how to appeal a California criminal conviction, you must evaluate whether you should file an appeal. Disappointment in the outcome of the case or a personal belief that California’s DUI laws are too harsh are not appropriate grounds for appealing a California conviction. However, police misconduct, unethical prosecution, a biased jury, and/or incorrect legal rulings are.
So if you believe you may have been the victim of an unjust conviction, you should meet with a California appeals lawyer. He/she will review your case and explain exactly how to appeal your California criminal conviction. He/she will explain the types of rules that regulate appeals, the types of written and oral arguments he/she will present and all possible outcomes.
While it is possible for you to represent yourself during the appeals process, know that you will be held to the exact same technical and complex standards as a licensed attorney. This means that unless you master the rules that govern how to appeal a California criminal conviction, you will surely be doing yourself a disservice. Also read our related article about Appealing California DUI cases.
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
DUI Blog Posts:
Yes, residual mouth alcohol is a defense to Nevada DUI charges. Mouth alcohol can cause breathalyzers to return inaccurately high blood alcohol content (BAC) readings even if the defendant’s actual BAC is legal (below the 0.08% threshold). If the DUI attorney can show that the defendant had mouth alcohol, the drunk driving charges may be ...
It is legal to have unopened alcohol in your car if you are over 21 years old. If you are under 21, it is illegal to be in possession of alcohol even if it is unopened. The only exception for under 21 drivers is the transport of unopened alcohol at the direction of a parent, ...
There are six common sentencing alternatives to jail for driving under the influence (DUI). They are: drug or alcohol treatment or rehab, Mothers Against Drunk Driving (MADD) Victim Impact Program, community service, electronic monitoring with a SCRAM device, sober living, and DUI school. Each of these alternative sentencing options can help defendants avoid DUI jail ...