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DUI Court Appeals

Could Appellate Court Process Clear a DUI Conviction?

Have you been convicted of DUI in a San Diego Superior Court case and are convinced that an error was made that affected the outcome of your trial? If so, a court appeal of your conviction MIGHT be a consideration, while keeping in mind that appeal hearings on California DUI cases are fairly rare and infrequent. To pursue this possibility, you’ll want to first ensure that your motive is charged with verifiable fact and logic rather than emotion. For someone just looking for an easier way “out” of DUI sentencing and requirements, a court appeal is NOT that solution. The courts do not make the successful appeal process easy, but nonetheless, you do have the legal right to appeal a judicial decision. A skilled and experienced California DUI attorney can advise you of whether your case might qualify and warrant a request.

There are different processes for appealing a misdemeanor DUI case and a felony DUI case, and the sentencing time served for a misdemeanor DUI has usually expired before an appeal can be heard on the matter. Both felony and misdemeanor DUI appeals begin with a request to the presiding trial court judge to overturn the decision or to order a new trial.

Misdemeanor DUI Court Appeals in San Diego County

The California Court of Appeals ( Fourth Circuit courts for San Diego County ) does not ordinarily hear misdemeanor cases, which fall under the jurisdiction of the appellate division of the Superior Court where the case was originally heard, ie, North County Regional Superior Court Appellate Division.

Felony DUI Court Appeals in San Diego County

Felony DUI Appeals in San Diego County are handled in a review process by the Fourth Circuit Courts of Appeal on issues concerning whether the law was correctly applied by the Superior Court Judge who presided over the case, rather than the appellate justices actually rehearing the testimony or conducting a retrial of the case.

A decision on a Superior Court judgement appeal is decided based on the record from the original court hearings, with the question at hand being “was the law applied correctly in light of the facts, evidence and testimony in this case?” as well as the precedence set by previous decisions of cases that are similar in nature. Common factors that can affect a favorable appellate decision include whether admissibility of evidence was an incorrect ruling, incorrect application of a law or regulation, improper jury instructions, unconstitutionality of a law or regulation, and insufficient evidence to support the verdict.

Filing a Request for a Retrial or Appeal

Applicable forms and instructions for misdemeanor and felony DUI court appeals are available from the document downloads page on this site. If you are consulting with an attorney on your decision to request an appeal or retrial, he or she will handle the appellate paperwork for you.

Could Appellate Court Process Clear a DUI Conviction?

Have you been convicted of DUI in a San Diego Superior Court case and are convinced that an error was made that affected the outcome of your trial? If so, a court appeal of your conviction MIGHT be a consideration, while keeping in mind that appeal hearings on California DUI cases are fairly rare and infrequent. To pursue this possibility, you’ll want to first ensure that your motive is charged with verifiable fact and logic rather than emotion. For someone just looking for an easier way “out” of DUI sentencing and requirements, a court appeal is NOT that solution. The courts do not make the successful appeal process easy, but nonetheless, you do have the legal right to appeal a judicial decision. A skilled and experienced California DUI attorney can advise you of whether your case might qualify and warrant a request.

There are different processes for appealing a misdemeanor DUI case and a felony DUI case, and the sentencing time served for a misdemeanor DUI has usually expired before an appeal can be heard on the matter. Both felony and misdemeanor DUI appeals begin with a request to the presiding trial court judge to overturn the decision or to order a new trial.

Misdemeanor DUI Court Appeals in San Diego County

The California Court of Appeals ( Fourth Circuit courts for San Diego County ) does not ordinarily hear misdemeanor cases, which fall under the jurisdiction of the appellate division of the Superior Court where the case was originally heard, ie, North County Regional Superior Court Appellate Division.

Felony DUI Court Appeals in San Diego County

Felony DUI Appeals in San Diego County are handled in a review process by the Fourth Circuit Courts of Appeal on issues concerning whether the law was correctly applied by the Superior Court Judge who presided over the case, rather than the appellate justices actually rehearing the testimony or conducting a retrial of the case.

A decision on a Superior Court judgement appeal is decided based on the record from the original court hearings, with the question at hand being “was the law applied correctly in light of the facts, evidence and testimony in this case?” as well as the precedence set by previous decisions of cases that are similar in nature. Common factors that can affect a favorable appellate decision include whether admissibility of evidence was an incorrect ruling, incorrect application of a law or regulation, improper jury instructions, unconstitutionality of a law or regulation, and insufficient evidence to support the verdict.

Filing a Request for a Retrial or Appeal

Applicable forms and instructions for misdemeanor and felony DUI court appeals are available from the document downloads page on this site. If you are consulting with an attorney on your decision to request an appeal or retrial, he or she will handle the appellate paperwork for you.