it is a ouil i hit 4 cars with my hot rod after the gas pedal stuck i wasn't in the car they picked me up at my house 30 to 40 min later and ppt me after another hour reading was .16 2 min later .15, after i took anxiety med and drank at home
Once you have been convicted by a jury, you can move for a new trial based on errors at trial or you can appeal the conviction. Either way, you should get a lawyer to assist you.
If you were convicted of a felony in Michigan, you have 42 days after sentence to begin the paperwork for an appeal. If you were convicted of a misdemeanor, you have 21 days after sentence to begin the appeal. If you are beyond those time limits you can file an application for leave to appeal, which has a lesser chance of winning than a timely appeal. In many cases it is better to proceed with a trial court motion, and appeal higher only if you lose the motion.
Almost all appeals are based on: errors of law by judge, misconduct by prosecutor, ineffective assistance of counsel by defense counsel. The choice of a jury to believe some testimony rather than other testimony does not make a good issue. In some cases, you can win on an issue of insufficient evidence. If you win on that issue, the case is dismissed without a retrial. However, this remedy is hard to get. In your case, if there was no proof you were the driver, and you did not confess, an issue of insufficient evidence might succeed.
The lawyer usually finds issues to raise by reading the transcripts of the trial and other proceedings, and by talking to the defendant. Of course, you would be paying the court reporter to prepare the transcripts, as well as paying the attorney.
An issue complaining of ineffective assistance of counsel, if it wins, gets you a new trial. You then have to win at the new trial to improve your position. You must show (1) the attorney acted or failed to act, in a way no reasonable attorney would have acted, and (2) the attorney's actions or inactions were prejudicial, that is, that they were reasonably likely to have affected the verdict.
If you have no money, but are within the time limits, the judge will appoint you an attorney for the appeal.
Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
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