Trenton DWI Appeals Lawyer
Our judicial system is excellent; however, it is far from perfect. Mistakes can be made by anyone, including a prosecutor or a judge. Do not give up hope just because you were convicted of a DWI offense; you may still be able to beat your charges. You should always look into appealing a DWI conviction because there is no risk of receiving a more severe sentence even if you lose the appeal.
Ewing DUI Attorneys
Kamensky Cohen & Riechelson is a highly respected law firm that has been representing clients in New Jersey for more than 40 years. We have successfully handled drunk driving cases in Princeton, Hightstown, and everywhere else in Mercer County. Our experience in local courtrooms gives us an edge when we file your DWI appeal because we understand legal procedure, including the quirks of the law, in these kinds of cases. If you were convicted of DWI or Refusal in New Jersey, call KCR today so that one of our lawyers can look over your case and determine your likelihood of success on appeal.
Mercer County DWI Lawyer Fights Your Conviction
The appeal procedure requires a lot of paperwork. Additionally, strict deadlines need to be met or you will lose your right to appeal. You must:
- File a Notice of Appeal with the local municipal court
- Serve a copy of the notice on the prosecutor
- File the notice with the county clerk
- Order transcripts from your trial in municipal court so that your attorney can determine if a reversible error occurred during the course of your trial
- File written briefs that outline any legal arguments you plan to present upon appeal
Once you have met all of the requirements for filing an appeal, your DWI appeal will be heard by a judge in the county Superior Court.
Grounds for Appealing a DWI Conviction in Princeton, NJ
The appeals process in New Jersey is very complex. Your attorney can appeal on either procedural or substantive grounds. Examples of arguments that can be made during an appeal include:
- The evidence at trial did not prove beyond a reasonable doubt that the defendant was guilty of a DWI. The prosecution must establish all of the elements necessary for a conviction.
- The breath test was improperly admitted into evidence. A police officer must follow proper procedure when administering the test. If the officer deviated from the procedure in any way, the breath test sample could be deemed inadmissible at trial.
- The trial judge allowed testimony that should have been excluded.
- You did not fully understand the ramifications of a guilty plea. Perhaps the terms of the plea were not clear, or maybe your trial attorney made an error in recommending that you accept a guilty plea.
- The sentence exceeded the statutory guidelines or was otherwise excessive.
Free Consultation with a Trenton DUI Attorney
Kamensky Cohen & Riechelson is prepared to assist you with your DWI appeal. Give us a call anytime, or email us to arrange a visit to one of our offices in Trenton and Pennington.