Chicago DUI Appeal Lawyer

It is possible to be arrested and charged with driving under the influence (DUI) of drugs or alcohol when you are not, in fact, intoxicated. It is not uncommon for rights to be violated at the time of arrest, such as illegal car searches or abuse by officers. Even worse, convictions often result from these questionable cases. Thankfully, there is a way to reverse guilty verdicts.

If you have been found guilty of driving under the influence, you may be able to file an appeal with your local appellate court. With the help of an experienced attorney, it may be possible to prove that something went so wrong during your first trial that you deserve a second chance. A Chicago DUI appeal lawyer can help you construct a legal strategy that will increase your chances of obtaining a positive case outcome. With over 20 years of legal experience, attorney Michael O’Meara can provide expertise and resources that will give your case the best possible chance of success.

If you believe that you were wrongfully convicted, call 312-909-0706 for a free consultation.

When Can I Appeal my DUI Verdict?

An appeal is an option if the court hearing your case makes a serious mistake. There are two primary categories of mistakes that can justify DUI appeal:

  • Procedural error – The court clerk might accidentally enter a guilty verdict after a trial that you won. Other issues that fall under this category include not being given enough time to testify and missing a court session because the times were incorrectly printed.
  • Substantive error – This might consist in excluding evidence from the case that could have proven your innocence. In a DUI case, this could include a faulty breathalyzer test or testimony that describes an illegal vehicle search. A common example of substantive court error involves suppressing evidence related to a person’s arrest. If for example, you were not read your Miranda rights or if you were abused during the arrest, and evidence of this was not heard at trial, a retrial may be justified.

The Process for Filing an Appeal

The process of a DUI appeal starts with filing a petition with an appellate court. This document should highlight the mistakes that were made during the original trial as well as how the jurors’ views were influenced by these mistakes. Basically, the motion to appeal is a request to dismiss the results of your first trial and make your case in court once again. When considering whether to grant an appeal, the court will only evaluate the record of the original trial. This includes the court reporter’s transcripts and all the admitted evidence.

When it comes to appealing a verdict, both sides can submit arguments related to why the decision should or should not be upheld. Once the government has submitted their brief for review, you will be notified. You will then have the opportunity to submit a second brief, one that responds to the points made in the government’s brief. In some cases, the appellate court will hear oral and written arguments before reaching a final decision.

How A Chicago DUI Appeals Lawyer Can Help

When fighting a guilty verdict for a DUI, there are a number of legal defenses that can be used to prove your innocence. With experience as both a prosecutor and a defense attorney, Chicago DUI appeal attorney Michael O’Meara can anticipate the prosecution’s strategy in order to create a winning defense. He will handle all the legal aspects of your appeal, from filing briefs with the court to defending your freedom in your second trial.

Call O’Meara Law at 312-909-0706 now to find out how you can regain your freedom and put your DUI nightmare behind you.