Being formally convicted of a DWI is a very serious matter that can have adverse and far-reaching consequences for many aspects of your life. If you have been convicted of a DWI, you may be able to appeal the decision in certain situations. An experienced New Jersey DWI attorney can assess the merits of your case and help determine whether you have sufficient grounds for an appeal. Our firm has handled many DWI cases, and you can rest assured that we know how to navigate these types of situations.
Under New Jersey law, the offense of driving while intoxicated consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or greater. Individuals under the age of 21 will be charged with a DWI with a BAC of 0.02 percent. For commercial drivers, the legal limit is 0.04 percent or higher.
An individual convicted of a DWI in New Jersey can appeal his or her conviction. When a defendant appeals a conviction, he or she is asking a higher appellate court to review the case for legal or procedural errors. It is important to note that the appeals procedure is time-consuming and requires a lot of paperwork. In addition, strict deadlines need to be met, or you will lose the right to appeal.
An appeal based on procedural grounds must be rooted in a procedural flaw in the proceeding that improperly resulted in the conviction. For example, a defendant may be able to appeal a DWI conviction if he or she entered the guilty plea without understanding the full consequences of the plea. An appeal based on substantive grounds, on the other hand, is rooted in the applicable law. For example, a court’s failure to grant a motion to suppress evidence, which improperly leads to a DWI conviction, could form the basis for an appeal on substantive grounds.
Some other examples of arguments that can be made during an appeal include the evidence at trial did not establish the defendant’s guilt beyond a reasonable doubt, the breathalyzer test was improperly admitted into evidence, the trial judge allowed testimony that should have been excluded, or the sentence exceeded the statutory guidelines or was otherwise excessive.
Just as with any other legal matter, time is of the essence when it comes to appealing a DWI conviction. An appeal must typically be filed within 20 days of the conviction or guilty plea to the DWI.
If you have been convicted of a DWI in New Jersey, it may feel like your case is over and you just have to deal with the consequences, but this is not always the case. Our seasoned New Jersey DWI attorneys can scrutinize the circumstances of your conviction and determine your legal options. These cases can be extremely complicated, and having the right attorney on your side can make a huge difference in your case. To speak to us in detail about your case, feel free to call us at 877-450-8301 or contact us online.
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