A person who has been convicted of DUI in New Jersey may have an opportunity to appeal the court's decision. Though an appeal is usually not heard right after a conviction, the defendant will have to notify the court about their intent to appeal soon after they are convicted of DUI. The defendant may choose to appeal the DUI conviction or the sentence that they were given as a result of the conviction.
When a defendant appeals their DUI conviction, they become known as the appellant. During a DUI appeal, the appellant asks a higher court to look at legal errors that were committed by the lower court that tried their case. Based on this legal error, the appellant argues for their case to either be dismissed or re-tried. If the appellant is disputing the sentence, they ask the higher court to re-sentence their conviction.
Courts that are considering an appeal look at the record of the appellant's case, and they do not consider any new evidence. The court also looks at briefs that have been prepared by both sides of the case, and some courts may consider oral arguments. The case record that is being considered will include transcripts from the court reporter as well as any evidence that was admitted to the court.
A person who has been convicted for drunk driving may want to speak to an attorney about appealing the conviction or the sentence they were given. An attorney who is familiar with the DUI appeals process may be able to help an individual to prepare a brief and present a strong argument for an appeal.