APPEALING A DUI IN PENNSYLVANIA
If you have been convicted of a DUI, you know how harsh the penalties are – and how life changing the consequences can be for you and your family. With jail time, hefty fines and a loss of your license looming, you need to make sure that your case was handled properly and fairly.
In certain circumstances, a DUI conviction can be appealed in court. The only way to know for sure if your case qualifies for appeal is to speak to a knowledgeable and experienced DUI attorney.
Our Pittsburgh criminal lawyers have the experience and knowledge of the PA legal system and the PA DUI Court Process to help you fight for your rights in order to keep a clean record.
Attorney David J. Shrager is personally available via his cell phone 24/7. The sooner you talk to us about your case, the stronger your defense will be. We will aggressively defend your rights and make all attempts to keep your record clean.
Call Shrager Defense Attorneys today – 412-969-2540.
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A DUI CONVICTION DOES NOT
HAVE TO BE THE END OF YOUR CASE.
CALL OR TEXT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
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WHO CAN APPEAL A DUI CASE IN PENNSYLVANIA?
An appeal is unlike an ordinary court case. Typically, in a regular criminal court trial, the judge and/or jury has a responsibility to sort out the evidence and determine whether the defendant is guilty or not guilty. It includes the examination of witnesses and the offering of evidence to try to establish facts. An appeal, however, does not have the same goal.
In an appeal, the Appellate Court does not hear witness testimony or accept new facts in the case. The job of the Appellate Court is to determine issues of law. It is assumed that the facts have already been established by the lower court. Therefore, in order to appeal your DUI case, there must be an issue of law in your case.
What is considered an issue of law? An issue of law can be either procedural or substantive. A procedural error occurs when the rules of the court were not followed properly during your trial.
For example, allowing evidence that should have been excluded or an error in taking a guilty plea. A substantive error is when a law was improperly applied to your case.
Either type is grounds for appeal – but the only way to know for sure if your case may have standing is to discuss it with a qualified Pittsburgh DUI attorney immediately.
HOW DO YOU APPEAL A DUI CASE IN PENNSYLVANIA?
If you believe your case has grounds for appeal, it is imperative that you speak with an attorney immediately after your conviction. Most DUI appeals must be filed within 30 days of entry of judgment and this timeline is strictly construed. This means there will be no grace period granted and no likelihood of an extension.
After speaking with an attorney, the first step will be filing a notice of appeal with the Appellate Court. Your attorney will submit a written brief asking for whatever relief you wish to be granted – perhaps to have the case dismissed, re-tried, or re-sentenced.
The brief must adequately state the issue(s) of law and what you would like the court to do. After submission of the notice of appeal and the brief, the other side will file their response. The Appellate Court will then review the record from the lower court, as well as the briefs from both sides and determine whether or not to grant you a hearing.
If the court finds that they believe there may have been an issue of law in your case, they will likely give you a court date where they will hear oral arguments from both sides.
_______________________________________________
A DUI CONVICTION DOES NOT
HAVE TO BE THE END OF YOUR CASE.
CALL OR TEXT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
________________________________________________
THE BIRCHFIELD RULING AND DUI APPEALS
In 2016, the United States Supreme Court ruled on a very important DUI case, Birchfield v. North Dakota, that created grounds for appeal in a number of Pennsylvania DUI cases. You can learn more about the Birchfield Ruling or call Attorney Shrager today for a Free Consultation.
WHY HIRE US AS YOUR DUI APPEAL ATTORNEY?
Attorney David J. Shrager is an experienced and aggressive Pittsburgh DUI attorney who understands the legal process and will help you understand your rights so that, together, we can defend them. We will examine your case very closely and use every possible strategy to win your case.
The Shrager Family of attorneys has been successfully winning difficult cases for almost 50 years. It is our goal is to always be there for our clients and to make sure they fully understand the charges they may face. David J. Shrager is personally available to accept client calls on a 24/7 basis.
Do not be scared: be prepared. Hiring an experienced DUI defense lawyer can make all the difference in your case and in your future.
CALL OR TEXT 412-969-2540 OR CALL TOLL FREE 1-888-LAWMAN-0 (529-6260) today to speak DIRECTLY to DUI Attorney David J. Shrager. Attorney Shrager is available 24 hours a day / seven days a week) for a free consultation. He will explain your rights and help you build a strong defense.
Having an experienced lawyer who knows the ins-and-outs of these proceedings is essential to helping your case. It can make all the difference in whether or not your sentence reduced or even your conviction dropped completely.
Have more questions about a DUI in Pennsylvania?
- First-time DUI Charge
- Second DUI in PA
- Your Driver’s License after DUI
- DUI Drug Charges
- Multiple DUIs in Pennsylvania
- Pennsylvania DUI Laws
- Winning a DUI in Pennsylvania
- Allegheny County ARD Program
- DUI with a CDL
- DUI – Prescription Meds
- DUI Accident with Injuries
- Underage Drinking and DUI Charges
- The Pittsburgh DUI Court Process
- Driving While Under DUI License Suspension
- Homicide by Vehicle While DUI
- Record Expungement
- Choosing a DUI Lawyer
- Appealing a DUI Conviction in PA
- DUI Warrants in PA
- Birchfield Ruling on DUI – Changes to DUI Convictions and Penalties
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FREE Legal Consultation
Call or Text 412-969-2540 right now for a FREE initial legal consultation.
Speak directly with David J. Shrager 24 hours a day, 7 days a week.
Shrager Defense Attorneys in Pittsburgh, PA will attack your appeal in order to protect your rights and good name. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights.
- Learn more about our Pittsburgh Criminal Lawyers
- Learn more about our Pittsburgh DUI Lawyers
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