Anyone convicted of DUI in South Carolina has a right to file an appeal. By appealing you may be entitled to either receive a new trial or have a dismissal of your charge. You have a right to appeal from a conviction after either a judge or jury trial in any Traffic Court, Magistrate Court or Municipal (city) Court.
When you appeal a DUI you are asking a higher Court to review your case for errors of law commited by the judge. These may include issues related:
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Probable cause for you to be pulled over by the police
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Whether or not the breathalyzer results are admissable into evidence
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Law enforcement compliance with the videotaping requirements
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Whether or not proper Miranda advisements were given
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Rulings on directed verdict motions
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Admissability of field sobriety tests
To begin the appeals process it is necessary to file a document called a Grounds for Appeal with the Clerk of Court and serve a copy on the prosecutor\arresting officer and the trial judge. The appeal will be heard by the Court of Common Pleas for the County in which your case was heard.
James Snell is a Lexington Criminal Defense Attorney who is available to represent those appealing their DUI Conviction from any Court in South Carolina. To schedule an appointment regarding your case contact his office at 1-888-304-2418.