If you have been convicted of
DUI in South Carolina you are no doubt concerned about the serious penalties. From the fine,
SR-22 insurance, license suspension and criminal record; getting convicted
is expensive and can create difficulties in maintaining or getting employment.
Because of these concerns many times people who have been convicted after
either a bench or a jury trial may want to
appeal their DUI case. A successful appeal can result in you either obtaining a new DUI trial
or having your case dismissed.
Appeals from DUI conviction in the Magistrate Court or in a Municipal
Court are taken to the Court of Common Pleas. You have ten days from your
Court date in order to file the appeal. To initiate the process you have
to file the
Grounds for Appeal with the Clerk of Court and serve a copy on your case prosecutor and the
trial judge.
The Grounds for Appeal is a technical document which is more detailed
and specific than the Notice of Appeal that would be filed after a conviction
in General Sessions. The document should specifically state the specific
reasons that you are appealing and will serve as the basis for the trial
judge to serve their response, called a return, to your appeal.
Because failure to correctly draft or file the Grounds for Appeal can
result in you losing your right to appeal it is important that you consult
with an attorney to assist with your case.
Typically in 2-4 months after your appeal is filed the Court will schedule
a hearing to consider the issues raised in your Grounds for Appeal. Often
times a formal memorandum or brief will be prepared and provided to the
Court for your appeal.
The
Law Office of James R. Snell, Jr., LLC, located in Lexington is available to represent clients who have been
convicted of DUI throughout South Carolina. If you have recently been
convicted of DUI anywhere in South Carolina you are invited to contact
our office at 1-888-301-6004.