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South Carolina DUI Appeal
If you have been recently convicted of a South Carolina DUI you have a right to file an appeal. Success in the appeal will result in the removal of the DUI conviction for your record along with a possible dismissal of the charge or the granting of a new trial. At the
Law Office of James R. Snell, Jr., LLC, we represent clients in appealing convictions for all levels of South Carolina DUI.
You Must Act Quickly
Most South Carolina DUI Appeals must be filed within ten days of the date of the conviction.
Right to Appeal a DUI Conviction
You can appeal a conviction for first offense DUI that originated in the Magistrate or Municipal (city) Court. These appeals will be heard by the County Circuit Court. You can also appeal a conviction for DUI 2nd,
3rd or
Felony DUI. These appeals will be heard by the South Carolina Court of Appeals.
Appeals After a Guilty Plea
Sometimes people want to appeal after pleading guilty. They may not have known their legal rights, or may have been unsure how to conduct themselves in Court. Although there are only very limited grounds to appeal a DUI conviction obtained as a result of a guilty plea in some circumstances it may be possible. Typical grounds may include the Court's failure to properly qualify the taking of the guilty plea or a lack of legal competence (due to age, mental health or special needs) of the defendant.
Appeals After a Trial
Most DUI Appeals come as the result of a conviction after either a bench (judge only) or jury trial. The grounds for the appeal can include any error of law made by the Court including admitting or considering improper evidence or a misapplication of the law.
To Begin the Process
If you have been recently convicted of DUI you are invited to contact our office at (803) 359-3301 for an initial consultation. Our DUI Appeals lawyer is able to represent clients who were convicted after represented themselves in Court or who used the services of another attorney.