QUESTION
Can I appeal my drug under the influence conviction?
Asked on Sep 30th, 2013 on DUI/DWI - Michigan
More details to this question:
I was convicted of a second Drug under the Influence (DUI) in July and I believe that many legal considerations were ignored. I was not driving the car and neither was I even near it. I know that there wasn't sufficient evidence to convict me of a full blown second DUI by Michigan law. I was neither administering, managing, or physically in the car. I was charged with a leaving the scene of an accident which was dropped because there wasn't sufficient evidence that I was ever there. Yet, the police claimed that people at a business called them to the scene; the business, where I pulled in to change flat tires after climbing on the curb. There is no reason to believe there was ever anyone in that business who will testify. I am in the process of satisfying my probation. I have a suspended license for 1 year, 1 year probation with random Preliminary Breath Test every month, AA, and alcohol classes too.
5 ANSWERS
Sure you can always appeal by right if the time has not expired. hire a good appellate atty ASAP.
Answered on Oct 02nd, 2013 at 4:10 AM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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If you were convicted, there must have been either a plea or a trial. I assume there was a trial because you could not on the facts you have given me been convicted without other witnesses who testified as to other facts. You have a very short time to perfect your appeal. Contact your attorney immediately.
Answered on Oct 02nd, 2013 at 3:39 AM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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If you plead guilty, you may not be able to appeal your conviction, unless you try to withdraw your guilty plea under a special set of rules. But you can appeal your sentence if the sentence is illegal or if it was higher than you and the prosecutor agreed to in a plea bargain, and the court agreed to the terms of the bargain before sentencing you. For a sentence to be illegal (which is rare), it has to be higher than that allowed by law. You did not say whether you had a jury trial. You need to speak to an appellate attorney who knows all your facts.
Answered on Oct 01st, 2013 at 4:23 PM
Michael J. Breczinski
Was there a trial or a plea? The answer is different for each scenario.
Answered on Oct 01st, 2013 at 2:40 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Did you get convicted by a jury? If so, you can certainly appeal, but I would highly recommend hiring an appellate lawyer to assist you.
Answered on Oct 01st, 2013 at 2:14 PM