Is there anything I can do to overturn a guilty DUI verdict?

Question

When I had my trial everything seemed ok besides my lawyer not calling objections to what was being said about me.  Also,  I couldn’t bring up that I was in the military or anything of that I am on orders and cannot be compliant until I get back home and I’m waiting on a med board from the military. I have no control on when I get to come home. It seemed as if I was wining the trial because there was no evidence that I was the driver that night and I had won the dmv hearing because of that.  Somehow the court came back as I was guilty and I wasn’t. The jury told my lawyer at the end that I didn’t provide enough evidence. I gave a seat belt mark picture and a picture of the car with the passenger side air bag deployed. I feel as if the court has railroaded me. What can I do?

George Derieg · Answer

You have 30 days to file a notice of appeal from the date you were convicted. Make sure you file a notice of appeal.

Michael J. Breczinski · Answer

You should appeal the case.

Larry Dunn · Answer

Although the heading of your question refers to Nevada, your question   relates to a jury trial for dui. In Nevada, only felony dui involves a trial by   jury. If you lost a jury trial, you would have 30 days in which to file an   appeal. A person can raise any legal issues which were raised during the  trial  as well as the issue as to whether there was sufficient evidence to  support the  jury verdict. An appellate court does not review the evidence to  make an  independent decision as to whether the case was proven beyond a  reasonable doubt  but on whether "any reasonable trier of fact" could have  reached the decision.  You may raise the issue on appeal that the jury was not  properly instructed as  to legal matters such as the fact that an accused does  not have to present  any evidence at trial.

Dennis P. Mikko · Answer

If done timely your could file a motion seeking a new trial or your could file an appeal.  You should discuss your options with your attorney.

Steven Decker · Answer

The first and most important is that you must file a motion for a new trial within 30 days of the verdict.

Timothy Klisz · Answer

Not much. A jury verdict is pretty final in a criminal case. You can appeal, but chances are likely slim.

Paul Stanko · Answer

After a jury trial, guilty verdict, and sentencing, you have just 30 days to file a Notice of Appeal with the trial court. After that, your only recourse is post-conviction relief. Either way, jury verdicts are rarely overturned, as the Court of Appeals will not reweigh the evidence. You should consult with an attorney familiar with the appellate process immediately to determine what, if any, options you have.

Jared Altman · Answer

You must appeal.

Francis Cowhig · Answer

Without knowing when your trial and verdict occurred, and what actually transpired during the proceedings it is difficult to answer your questions. If there was any improprieties during the trial as to testimony, evidence introduced, court rulings, etc., it is possible that you might be able to appeal the verdict or, at the very least, file a motion for a new trial, which may or may not be granted.  However, there are time limits within which you must do this. I strongly suggest that you talk to your original attorney about this or, in the alternative, contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case.  He/she would then be in a better position to analyze you case and advise you of your options.

Steven Alpers · Answer

It sounds like you should appeal or ask for a new trial if the time limits have not passed.  Discuss this with your lawyer.

Terry Nelson · Answer

Your remedies are either a Motion for New Trial, and/or an Appeal.  If you think you can prove valid grounds to justify either, and if you are still timely in doing so [sixty days for filing a Noticion of Appeal, ten for the Motion], and if you are serious about investing the necessary fees and costs and hiring counsel to help in this, feel free to contact me to arrange a consult to review and determine whether sufficient mistakes of fact or law were made to provide the necessary basis.

Mark R. Thiessen · Answer

Hire a good post conviction attorney or an attorney who specializes in appeals.  That's your only option.  The good ones are expensive though.

Austin Hirschhorn · Answer

Expungement is not available for a conviction of DUI.  It stays on your driving record forever as a misdemeanor conviction.  If you were convicted in a District Court Jury trial, an appeal of right must be filed within 21 days after entry of the Judgment of Conviction/sentence or 21 days following an order denying a motion for a new trial, judgment notwithstanding the verdict, or a motion for rehearing or reconsideration if the motion was filed within the original 21 day period allowed.  If those time limits have passed the only remedy available is a motion for leave to appeal to the circuit court and that must be filed within 6 months after the judgment and must be accompanied by an affidavit explaining the delay.  If that has elapsed there is no remedy available to you.

Philip Hache · Answer

One option is to appeal the trial lose.

Brian Wanerman · Answer

If the jury said they found you guilty because they felt you didn't present enough evidence of your innocence, something is seriously wrong.  As the defendant, you were under no obligation to provide any evidence at all.  On the contrary, the prosecution had the burden of proving your guilt beyond a reasonable doubt. You should appeal the verdict on this basis. Consult an attorney.

Clayton Lockhart · Answer

You can always file an appeal and try to get the verdict overturned, or have the appellate court order a new trial.

John Brennan · Answer

Appeal if you are within the time allowed.

Michael Palumbo · Answer

File an appeal - you have 30 days to demand an appeal.

Kevin O'Grady · Answer

If your trial attorney did not plead you out, and you went to trial, then you have the right to appeal.  The time within which to file a notice of appeal is quite short, 30 days following sentencing.  If you were just sentenced you need to hire an appellate attorney quickly so that a notice of appeal and request for transcripts can be filed immediately.  The appellate attorney will examine and scour the record for mistakes made by the court, the prosecutor and even your own trial attorney.  This is time-consuming. Hire your attorney quickly to avoid losing your right to appeal.

Arthur Aiken · Answer

Your narrative suggests that you were convicted of DUI. Following a conviction, your only remedy is by appeal. The deadline for criminal appeals is very short, so you need to consult an attorney without delay.

Stephen Freeborn · Answer

There is no way that I can begin to answer your question without reviewing the case, and that would include the transcripts of your trial.  In reviewing the transcripts for an appeal, there must be a basis, like procedural error.  The simple fact that you were found guilty and you do not like the decision, is not enough.  You need to discuss this with your attorney, or find an attorney who handles appeals.  You do not have a lot of time because your right to appeal is limited.

Russell Pietryga · Answer

Depends.  First, did you get convicted in a justice court? Second  has 30 days elapsed since the day you were sentenced? If you were convicted in a justice court and 30 days have not elapsed since you were sentenced you can appeal.  If you appeal from a justice court sentence you get to start all over in the district court.  This would give you an opportunity to re-file any and all motions to suppress that you previously filed and, if needed, to re-try the case before a new jury.  Hope this helps.

Gregory Casale · Answer

You could seek a new trial, but that requires a judicial determination. I don't know if a new trial would be allowed based on what you present here. You would need to speak with an attorney and provide much more detail. There must be either judicial error or ineffective assistance of counsel or some other reason to get a new trial. Simply disagreeing with the outcome will not be enough. Good luck.

Nathaniel Shafer · Answer

It is possible to appeal. To win an appeal, you need to show that there was something constitutionally wrong with your trial. Take your case to a lawyer who handles appeals and you may be able to get a new trial.

Matthew Kober · Answer

If you went to trial and were convicted, the only option you would have would be to appeal.

Jeff Yeh · Answer

You can appeal, and you have 30 days to file the notice of appeal. But it will cost you. Appeals are expensive, and the attorney who did the trial is unfortunately the person in the best person to file it.

William Spern · Answer

You should file an appeal.

Dean Valente · Answer

Post-judgment motions and an appeal.  Hire a better atty for your appeal if you weren't impressed with trial counsel.

Bernal Ojeda · Answer

File an appeal within the time limits.

Gregory Graf · Answer

File a Motion for a new trial and if that is not successful, file an appeal.

Steven D. Dunnings · Answer

File an appeal with the Court of Appeals.

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Is there anything I can do to overturn a guilty DUI verdict?

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