A New Jersey DWI conviction has serious consequences and long-lasting effects. Fortunately, you may still have the opportunity to appeal this decision. A successful appeal can result in a sentence reduction or removal of the charge altogether. A knowledgeable New Jersey DWI Appeals Attorney can review your case and help you determine whether you are eligible for this option.
Common Grounds for a DWI Appeal
Issues raised for a DWI appeal fall under the categories of procedural or substantive. Examples of procedural issues include errors in taking your guilty plea, while motions to exclude confessions and to suppress evidence are examples of substantive issues. Specific grounds are far too complex to address here. A seasoned DWI Appeals lawyer can offer an in-depth explanation specific to your circumstances
Steps for a DWI Appeal
- Your DWI attorney reviews your record to determine the best course of action.
- Your lawyer files an appeals notice in the Superior Court in the county where you received your conviction within 20 days.
- The Superior Court Judge reexamines the written evidence and Trial Transcripts in your municipal court record to determine whether your trial was carried out fairly. Your lawyer may not present any new evidence.
- The Superior Court Judge makes a determination on whether to remand your sentence back to Municipal Court, or to affirm it.If the Superior Court affirms your conviction, this means your sentence stands and nothing changes.
- If the Superior Court determines that there was sufficient erroneous information in your case and/or sentencing, your case will be sent back to the Municipal Court, where the judge will reevaluate your conviction in accordance with the recommendations of the Superior Court.
This process typically takes about 90 to 180 days.
Superior Court Appellate Division
If your sentence is affirmed, you may still have additional recourse. The law gives you up to 45 days to appeal further to the Superior Court Appellate Division. At this level, a panel of judges hears your case. They analyze all facets of your case to arrive at a decision. Bear in mind this may take a considerable amount of time: your case may not even be heard for a full year.
NJ DWI laws are complex and timelines is crucial. It is your best interest to retain an attorney experienced in this field right away to give you the opportunity for the best possible outcome.
Even if your appeal is unsuccessful, you cannot receive any harsher sentence than that imposed by your original conviction by the Municipal Court Judge. Contact the Law Offices of Marshall, Bonus, Proetta, & Oliver to learn how our New Jersey DUI lawyers cab help.