Appealing an OVI Conviction in Ohio

Experienced legal professionals understand that court decisions aren’t always perfect. Just because you have been accused of OVI doesn’t mean you are guilty, and sometimes the evidence simply doesn’t support the verdict. Fortunately, OVI convictions in Ohio can often be challenged through an appeal.

The justice system is designed with safeguards to correct errors made during trials. One of these critical safeguards is the court of appeals.

When you file an appeal, you are essentially asking a different panel of judges to review your case. They will scrutinize the trial proceedings to identify any legal errors. If they find no issues, your conviction remains. However, if mistakes are discovered, two outcomes are possible: they may remand the case to the lower court for reconsideration, or they could overturn your conviction entirely.

Several common errors often lead to successful appeals in OVI cases:

• The judge incorrectly determined there was reasonable suspicion for the initial traffic stop.
• Breath or blood test results were admitted as evidence when they should have been excluded.
• The judge wrongly concluded that law enforcement had probable cause for your arrest.
• Field sobriety test results were improperly admitted as evidence against you.

It is crucial to understand that an appeal focuses on legal errors committed during your trial. A Youngstown criminal lawyer will explain that an appellate court reviews only the evidence presented originally; they do not consider new evidence. While a successful appeal can lead to a new trial, the appeal process itself is not a retrial.

Why Consider an Appeal?

An OVI conviction can devastate your personal and professional life. If the court errs and convicts you unjustly, you face penalties for an offense you may not have committed. These consequences can be life-altering and long-lasting, including:

• Termination of employment
• Incarceration
• Points added to your driver’s license
• Suspension or revocation of driving privileges
• Substantial fines
• A permanent criminal record
• Vehicle immobilization or forfeiture
• Increased auto insurance premiums

A successful appeal can mitigate or remove many of these burdens.

How Do Appeals Happen?

Once you decide to challenge an OVI conviction, your legal representative will initiate the process by filing documents with the appellate court. A Youngstown DUI attorney will also ensure your trial transcripts are forwarded to the appeals court for review.

Your attorney will then meticulously review your case to identify specific legal errors. These errors form the basis of a document called a “brief,” which argues why the conviction should be overturned based on the law. This brief is filed with the appeals court. In response, the prosecutor will file their own brief, arguing why the conviction should be upheld. Depending on the complexity of the case, additional arguments may be submitted.

The appellate judges may decide the case based solely on these briefs, or they may schedule an oral hearing. If a hearing is granted, your Youngstown criminal lawyer and the prosecutor will present their arguments in person and answer questions from the judges.

After reviewing all materials and arguments, the judges will issue a written decision. This process can take time, particularly in complex cases.

Why Do I Have to Have a Lawyer Help Me With This?

Appeals are strictly legal procedures focused on the application of the law. Because OVI laws and appellate procedures are complex and nuanced, it is vital to have an expert guide you. Professional legal assistance can be the deciding factor in whether your conviction is upheld or overturned.

Sometimes, the attorney who handled your original trial can assist with the appeal, but in other instances, you may prefer a fresh perspective. If you were unrepresented during your trial, hiring a Youngstown DUI attorney for the appeal is essential. It is important to select legal counsel with a proven track record in appellate cases.

Please remember that there are strict deadlines for filing an appeal. If you are considering this course of action, contact an attorney immediately.

Contact Us

The Youngstown Criminal Law Group offers access to highly skilled Youngstown criminal lawyers. Call 412.387.6901 or contact us online to schedule a free consultation.