If you have been convicted of a DUI in North Carolina, you have the option to appeal the decision. An appeal is a request to a higher court to review the decision of a lower court. The goal of an appeal is to determine whether the lower court made any errors in its ruling that would justify reversing the decision.
If you are considering appealing a DUI conviction in North Carolina, it is important to understand the process and develop a strong strategy for success.
Strategies for Winning a DUI Appeal in North Carolina
Several strategies can be effective in winning a DUI appeal in North Carolina. Some of the most common include:
Challenging the validity of the traffic stop: If the police did not have a valid reason for stopping your vehicle, any evidence obtained during the stop (such as the results of a field sobriety test or a breathalyzer test) might be considered inadmissible in court. This can be a powerful argument in an appeal, as it may undermine the prosecution's case.
Arguing that the field sobriety test was administered improperly: Field sobriety tests are subjective and can be prone to errors. If you can show that the test was administered improperly or that the officer made mistakes in interpreting your performance, this could be grounds for overturning your conviction.
Challenging the reliability of the breathalyzer test: Breathalyzer tests are not always reliable, particularly if the device is not properly calibrated or if the operator was not properly trained. If you can show that the breathalyzer test was flawed, this could be a strong argument in your favor.
Arguing that your rights were violated: If the police violated your rights at any point during the arrest or prosecution process, this could be grounds for appealing your conviction. For example, if the police did not read you your Miranda rights or coerced your confession, these could be grounds for appeal.
Raising new evidence: If you have new evidence that was not available at the time of your initial trial, this could be a strong argument in your appeal. This could include evidence that contradicts the prosecution's case or undermines the reliability of the evidence against you.
Arguing that the judge or jury made errors in their decision: If you can show that the judge or jury made errors in their decision, this could be grounds for overturning your conviction. For example, if the judge made errors in instructing the jury or if the jury made factual mistakes in their deliberation, this could be a strong argument in your appeal.
Asserting that the sentence was too harsh: If you believe that the sentence imposed on you was too severe, you can argue that the sentence was excessive or disproportionate to the crime of which you were convicted. This may be an especially strong argument if the sentence is significantly more severe than those imposed in similar DUI cases.
Seek the Assistance of an Experienced DUI Appeal Lawyer
Work with us. Our skilled and experienced lawyers have a track record of success in DUI appeals, which can greatly increase your chances of winning your appeal. We are able to identify the best arguments and strategies to use in your case and will be able to provide you with the strongest possible representation.
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