In a recent interview, DUI defense lawyer Shawn Dominy, founding partner of the Dominy Law Office, LLC, in Columbus, OH, unveiled the real possibility of appealing a DUI conviction. —
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When asked to comment, he said, “What many people may not realize is that appealing to overturn a DUI conviction is entirely possible in the state of Ohio by going to appeals court. The appeals court is there to rule on whether there was an error in the trial court which deprived you of a fair trial."
According to Dominy, DUI convictions are not something to be taken lightly as they can result in serious, long-lasting repercussions.
“A DUI (called OVI in Ohio) conviction can lead to the loss of a driver’s license, hefty fines, and even jail or prison time. Other consequences include effects on employment and insurance, and a permanent record which cannot be expunged or sealed. This makes it all the more important to explore options to understand how a DUI conviction can be appealed.”
Several legal justifications can lead to an appeal of a conviction of a trial court.
When asked to elaborate, Dominy said, "Errors by the trial court case can allow your attorney to appeal a DUI conviction, such as mistakes in admitting breath, blood, or field sobriety tests to be admitted as evidence in the trial."
“Further, there may be other legal justifications for an appeal, including if a trial judge made a mistake in finding reasonable suspicion for the traffic stop or probable cause for the arrest.”
The first step in doing this, according to Dominy, is by filing a notice of appeal to the appellate court system.
"Following this, a defense attorney will then draft and file a brief that outlines the mistakes made during the trial or during pretrial motion hearings. The appellate judges review the briefs and listen to the arguments of the parties during an oral hearing," he said.
Dominy added that ultimately, the appellate judges decide to uphold your conviction, overturn it, or send the case back to the trial court.
“Either way, it’s crucial to hire a seasoned DUI defense attorney who has experience with appeals in particular to increase your chances of getting the best outcome possible. They not only have detailed knowledge of the law but also know which arguments to use with appellate judges,” he said.
He further pointed out that when it comes to an appeal, time is of the essence.
“There’s a strict time frame for filing for an appeal following a DUI conviction, so it’s important to speak with an experienced defense attorney as soon as possible.”
Name: Shawn Dominy
Email: Send Email
Organization: Dominy Law Firm, LLC
Address: 7716 Rivers Edge Dr #B Columbus, OH 43235
Phone: (614) 717-1177
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Release ID: 88943469