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How to Appeal a DUI Case

How to Appeal a DUI Case

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.


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