What are the chances of winning an appeal on a misdemeanor dui conviction ?

Asked about 4 years ago - Orange, CA

What are the chances of winning an appeal on a misdemeanor dui jury conviction first offense with no accident or injury involved ?? what are the issues ?? could probable cause for the stop be an issue ?? what if my right to have a court reporter at trial was waived by the attorney I had without my knowledge and there are no trial transcripts ?? do they try and reconstruct the trial ?? can I appeal the harshness of the sentence ?? loss of earning ability etc. ?? Thank you for your time

Attorney answers (2)

  1. Robert Laurens Driessen

    Contributor Level 20

    Answered . In order to have a successful appeal there must have been something the judge, prosecutor, or your attorney did that would cause the trial not to be valid. If there was an issue with the stop that should have been taken care of by way of a motion prior to the trial occurring. The fact that your attorney waived a court reporter is typical as you would have to pay for the costs of the reporter if you had wanted one present throughout the trial. What would happen now is a settled statement between the two attorneys on what occurred during the trial. An appeal cannot be used just for buyer’s remorse. However if you feel you have an actual issue then call your attorney that handled the trial or if you are no longer happy with their services call a local attorney.
    Robert Driessen

  2. Aaron Todd Hicks

    Contributor Level 13

    Answered . Great answer by Mr. Driessen. You have to show something such as IAC, or Ineffective Assistance of Counsel, juror misconduct, etc. If you feel that you have a valid argument, not just disappointed with the jury verdict, then contact a local attorney who does appellate work. Best of luck.

    www.sandiegocriminaldefensefirm.com

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