Law Office of James L. Riotto
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Can you appeal your New York drunk driving conviction?

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Were you convicted of drunk or drugged driving in New York? If you were, you may already be dealing with a license suspension or revocation. These penalties -- and others -- can affect your ability to earn a living or to live your life in the way you want to.

Depending on the circumstances of your case, you may have been convicted of a misdemeanor or a felony, such as:

  • Driving While Intoxicated (DWI)
  • Driving While Ability Impaired (DWAI)
  • Driving Under the Influence (DUI)

No matter your charges, did you know you may be able to change or reverse the court's decision?

Appealing a DWI/DUI/DWAI conviction

If you believe you were wrongly convicted, learn about your right to appeal. An appeal gives you an opportunity to point out mistakes in your trial:

  • Procedural errors: These are mistakes that may have been made during the process of your trial. Ex. The judge relied on the wrong laws or the jury was given the wrong instructions.
  • Substantive errors: These have to do with testimonies given by witnesses and physical evidence. Ex. Presenting evidence that was found through an illegal search and seizure or failing to present evidence that would have helped your case.

You must act quickly

You have a very limited amount of time (about 30 days) to file an appeal. The time starts to count down from the day you received the notice of judgement from the court or in the mail.

There is a formal procedure you need to follow which involves filing and serving a Notice of Appeal. Then, you must prove that your conviction was the wrong decision whether due to a procedural or substantive error. Rather than worry about making a mistake with the appeal process, most people get help from a lawyer.

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Law Office of James L. Riotto | 30 West Broad Street, Suite 306 | Rochester, NY 14614 | Phone: 585-340-7903 | Map & Directions
120 Broadway, 2nd Floor | Albany, NY 12204  | Phone: 585-340-7903 | Map & Directions