Reader’s Question:

My brother said that he would appeal for his DUI case here in Tuscaloosa, Alabama? How would he do that and does that mean that there would have a retrial?

Kaitlin

Tuscaloosa, AL

Maybe your brother wants to remove his DUI conviction in Tuscaloosa, Alabama from his record or maybe contest for a lesser sentence that’s why he wants to appeal for his case. That doesn’t mean a retrial but like a sheer re-examination of the proceedings to make sure that the trial was carried out properly. To appeal for his DUI, he would have to hire a DUI lawyer with a good reputation. Then he may speak with the judge who presided on the DUI case to seek for a new trial. This would be very unlikely but it’s the start of the appeal process.

Your brother should also have to file for the appeal quickly. Depending on the state law, he may have 10 to 30 days to file for a notice of appeal. But remember that if he has taken a plea bargain, he may have waived any rights for an appeal if the case did not go to trial. Make sure that his lawyer is on top of his case by obtaining copies of all briefs and forms filed with the court. Whatever the result of his appeal, he has to think about working with a group such as the National Council on Alcoholism.

Tags: advice, DUI, DUI conviction, DUI lawyer, DUI trial