The owner and founder of the Tormey Law Firm.

Available 24/7
(201) 556-1571

Free Consultation

Our Sites

Bergen County Criminal and DWI Defense
This page has a ton of information on criminal charges and DWI defense in Bergen County NJ.

Morristown Criminal Law Post
A long time blog, that I've written and run for years.  There is a ton of great legal content on this site!

Morristown Criminal Law

Essex County Criminal Law

Can I appeal my DUI or DWI case?

DWI Appeals Lawyer – DWI Appeals Attorney – Can I appeal A DWI – Can I appeal a DUI – Appeal DWI in New Jersey

“Can I appeal my DUI or DWI conviction”

Videos on “How To Get out of DWI Charges” are Listed Below:

“Can I appeal my pre-existing DWI conviction?”

Answer: Yes.  You can appeal pretty much any type of charge in the state of New Jersey, but there needs to some “appealable” issue with respect to the way the case itself is handled.  An appeal is not a “do-over” on your court case.  You don’t get to start over with a different defense strategy and hope for the best.  I pulled this analogy off of expertlaw.com:

Appellate review of a conviction is a bit like watching a videotape of a football game, to look for errors by the referees. If the referees make a lot of errors in a close game, you may get the feeling that their mistakes changed the result of the game. However, even if they made a lot of errors, the score can be so lopsided that you conclude that the errors did not affect the outcome. The judges on appeal are looking for errors which may have changed the verdict, and will disregard “harmless errors,” which they believe did not have an effect. They judges will also disregard what they deem to be mistakes of “trial strategy” – a concept that is akin to when the coach chooses a play that doesn’t work out the way he intended.

Again, an appeal has more to do with reviewing the way that the court case was administered.  If there are no appealable issues, then you can’t do anything about it.  However, there tends to be a lot of grey area with respect to what is appealable.  For example, you can make an appeal based on the “competence” of your attorney.  This is completely subjective; it’s difficult to factually “prove” the competence of anyone. Your new attorney will have to make a strong case pertaining to the blatant blunders of your preexisting council in order for the case to be reopened.  For this reason, it helps to have a talented appeals attorney at your side, so that you can have another shot at avoiding this conviction.

Additionally, there are other time constraints that exist when considering appeals.  Most appeals have to be filed within 20 days of your conviction.  However, you can file other motions which will allow the DWI appeal process to move forward, even if those time constraints have expired.

If you are trying to appeal a DWI case, the best thing to do is pick up the phone and call me for a free consultation.  We can figure out together where you stand on your case, and where to go from here.

These videos explain how we will fight against your DWI charges:

Challenge the Initial Motor Vehicle Stoppage
Challenge the Field Sobriety Tests
Challenge the 20 Minute Observation Period
Challenge the Alcotest 7110 machine itself

For more information on how to appeal a DWI charge in New Jersey, you might research appeals on Wikipedia.  To learn more about other DWI appeal attorneys in New Jersey, Google is a good place to start.