Appealing misdemeanor dui conviction---jury trial

Asked over 4 years ago - Orange, CA

If there was no court reporter present and there are no transcripts available how does this affect the appeal or what are the procedures in this situation ?? can dmv transcripts be used if they were not admitted at trial ?? Thank you for your time

Attorney answers (2)

  1. John Joseph VanDervoort

    Pro

    Contributor Level 12

    Answered . Assuming you can get the DMV transcript, which would be unusual, it would not be admissable in appealing a jury trial unless it was used to impeach witnesses or as a hearsay exception for a missing witness in the criminal jury case.....call an attorney in the county where you were convicted . Always consult with the trial attorney first even if it was public deende...they chould file a "notice of appeal" which must be filed within 3o calendar days of the sentencing......this is all very complicated and yuou need a lawyer and need to see on AT ONCE , if you donot want the one you have check on avvo or the callif dui lawyeres association web site for one from the county of conviction

  2. Robert Laurens Driessen

    Contributor Level 20

    Answered . No, DMV transcripts cannot be used as they were not part of the trial you are attempting to appeal. When there was not a court reporter or tape recording of the trial a settled statement of the facts is drafted and agreed upon by both sides. Try to understand appealing a misdemeanor DUI conviction is not an easy process. If you have consulted with your trial attorney and they have advised an appeal is not possible they are most likely correct. However if you feel you have an appealable issue you should contact a criminal law attorney that does appellate work. If you were adamant you were not guilty, you should have paid the extra money for a court recorder to be present for the trial. End of the day without a court transcript, cooperation of your trial attorney, and a legitimate issue for appeal your chances are not good.
    Robert Driessen

Related Topics

Misdemeanor DUI

A misdemeanor DUI, which carries lesser penalties than a felony DUI, is the charge most people will be facing if they are arrested for DUI.

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