Appealing an OVI Conviction in Warren, Trumbull County, OH

Any Warren OVI lawyer who has been practicing for some time knows that courts occasionally make mistakes. Just because someone has been accused of an OVI does not necessarily mean they are guilty. Often, the evidence is insufficient to secure a conviction. Fortunately, OVI convictions in Ohio can be appealed under certain circumstances.

The justice system in Ohio, structured under the Ohio Revised Code, allows for the correction of trial errors through an appeals process. This ensures that any mistakes made during the trial can be addressed and rectified.

Understanding the Appeals Process

An appeal involves asking a higher court to review your case. A different judge or a panel of judges will examine the trial proceedings to identify any errors. They will scrutinize the trial to determine if there were any mistakes. If no mistakes are found, the conviction stands. However, if errors are identified, two outcomes are possible. The case can either be sent back to the lower court for reconsideration, or the conviction can be overturned altogether.

Common Grounds for Appeals in OVI Cases

Mistakes in OVI cases often lead to successful appeals. These mistakes generally include:

• The judge incorrectly found reasonable suspicion for the traffic stop.
• The judge allowed inadmissible breath or blood test results as evidence.
• The judge erroneously concluded that the police had probable cause for the arrest.
• The judge permitted the use of field sobriety test results that should have been excluded as evidence.

It’s important to note that an appeal focuses on legal mistakes made during the original trial, not new evidence. While an appeal can lead to a new trial, it is not a retrial itself.

Why Consider an Appeal?

An OVI conviction can have severe and long-lasting repercussions. If the court makes an error and convicts you wrongly, the consequences can be life-altering. Potential outcomes of an OVI conviction include:

• Job loss
• Imprisonment
• Points added to your driver’s license
• Suspension or revocation of driving privileges
• Hefty fines
• A permanent criminal record
• Vehicle immobilization or forfeiture
• Increased auto insurance premiums

A successful appeal can alleviate many of these burdens.

How to Initiate an Appeal

Filing the Appeal

Once you decide to appeal an OVI conviction, your Warren criminal attorney will file the necessary paperwork with the appellate court to begin the process. Your court transcript will be forwarded to the appeals court for review.

Building the Case

Your Warren OVI attorney will meticulously examine your case for potential errors, which will then be outlined and documented. This involves drafting a brief that details the mistakes and the legal basis for contesting the conviction. This brief is filed with the appeals court. The prosecutor will also file a brief, arguing why the conviction should be upheld. Additional written arguments may be filed depending on the specifics of the case.

The Appeals Hearing

The appellate judges may either hold a hearing or make a decision based solely on the written briefs. If a hearing is held, both your Warren criminal attorney and the prosecutor will present their arguments and answer the judges’ questions.

The Decision

After reviewing all aspects of the case, the judges will issue their decision. This process can take some time, especially in complicated cases.

The Importance of Legal Representation

Appeals focus exclusively on legal errors, making it crucial to have a Warren criminal attorney well-versed in OVI laws and the Ohio Revised Code. The expertise of an experienced Warren OVI attorney can significantly impact the outcome of your appeal. Sometimes, the same Warren criminal attorney who represented you during the trial will handle your appeal. In other cases, you may choose to hire a different Warren criminal attorney, particularly one with a successful track record in appeals.

Remember, there is a limited window to file an appeal. If you believe an appeal is the right course of action, contact a Warren criminal attorney promptly.

Contact Us

Youngstown Criminal Law Group has a team of highly trained Warren OVI attorneys ready to assist you. Call (330) 992-3036 or contact us online to schedule a free consultation.