New Jersey Drunk Driving Attorney Discusses DUI Appeals and What Your Options Are If Convicted

A shot of liquor and keys on a table

If you are arrested and charged with driving under the influence of alcohol or drugs, we always recommend that you consult an attorney as soon as possible. An attorney can review your case, tell you what penalties you may be facing, negotiate to help get you a better deal, or potentially fight your case and get the charges against you dismissed completely.

But what if you have already been convicted? At that point in time, it may feel like your case is over and you just need to deal with the consequences, including fines, jail time, and loss of driving privileges. However, if you have already been convicted, an experienced DUI lawyer may still be able to help. Your case may not be over, after all, and you may still be able to have your sentence changed or the charges against you dismissed if the municipal court committed a miscarriage of justice – meaning it did something wrong or against the rules.

Appellate Courts in New Jersey

In New Jersey, you have the right to appeal any case, including a DUI conviction, within 20 days of your case ending. If your case went to trial in a municipal court, where many DUI/DWI cases are heard, then you will be appealing your case to one of the State Superior Courts – almost every county has its own Superior Court.

If your case was originally heard in the Superior Court of New Jersey, or if the Superior Court rules against you on your first appeal from municipal court, then you have a further right to appeal your case to the New Jersey Appellate Division.

When Can a Lawyer File an Appeal in Your Case?

There are many reasons why a DUI attorney may be able to appeal your case. For example, there may have been legal errors during the municipal trial, or the procedural requirements required for a legally sufficient guilty plea may not have been met. You may have also entered a conditional guilty plea, which allows you to plead guilty while still reserving your right to appeal adverse rulings on certain pre-trial motions. Additionally, your speedy trial rights or Miranda rights may have been violated or the sentence imposed upon you might even be illegal.

Finally, it is your right to insist that you did not commit the crime of driving under the influence of drugs or alcohol and a municipal appeal allows a new trial on the record before a new judge. An experienced DUI/DWI attorney can argue that the evidence below simply should not firmly convince the Law Division judge of the defendant’s guilt as a matter of law.

How Does a Lawyer File an Appeal on Your Behalf?

Filing a judicial appeal can be a complicated matter. For that reason, it is especially important to consult with an attorney who is experienced in representing clients who have been charged or convicted with driving under the influence of drugs or alcohol. An experienced lawyer will know how to file an appeal within the time limit, and know how to extend the time limit under certain circumstances. An experienced lawyer will also be able to write and file the necessary briefs, notices of appeal, and court costs on your behalf within the required time limits. Finally, a knowledgeable attorney may be able to postpone any sentences that have been entered against you while the appeal is pending, such a jail sentence or loss of license, and then argue the appeal before the panel of judges when your case is scheduled for oral argument.

New Jersey Drunk Driving Attorney Edward M. Janzekovich Can Help if You Have Been Charged or Convicted with a DUI

If you or someone you know is charged for any crime relating to driving under the influence of alcohol or drugs, it is extremely important to contact an experienced DUI/DWI attorney who will explain what consequences you are facing in your specific situation. If you go to court, an experienced lawyer will also argue on your behalf and may be able to have the charges dropped entirely. Having an experienced drunk driving lawyer can make all the difference. To speak with an experienced New Jersey DWI/DUI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.