Appealing an OUI FAQ

207-571-8146

Anyone convicted of operating under the influence in the state of Maine likely has questions about how they can clear their name and move on. This type of conviction can follow you for the rest of your life, especially if it was a felony OUI conviction, and can cause serious problems both in the short-term future and in the long run. To help clear up some of the confusion, here are some frequently asked questions involving appeals and clearing your name, but you should always look to your attorney for the most detailed answers in your area.

I appealed my case as soon as possible. Does that mean the appellate court will have to look at the appeal?

No. Even if you promptly file an appeal, there is still no guarantee that it will be heard in the appellate court. There are many factors to consider, and the vast majority of appeals are denied, and reversed decisions are even more rare.

The appellate court has decided to grant my appeal. This means that the decision will likely be reversed based on my new information, right?

Keep in mind that very few appeals are heard, let alone won. Those that are heard still have a very small chance of achieving a reversal of the original verdict. New information is rarely presented unless a mistrial is granted or there are extenuating circumstances that bear on the appeal.

Will I be allowed to present my new evidence during the appeal phase?

Most likely, the evidence will not even be viewed. the majority of appeals are based solely on the court record of the case, including all testimony and evidence presented therein. While your attorney will likely have an opportunity to present an oral argument during the appeal, the introduction of new evidence is unlikely without the appellate judges granting a mistrial.

How many judges preside over an appeal?

This depends on the jurisdiction, but generally speaking a panel presides over the appeal instead of one judge acting alone. The reason for the panel of judges is simple: the more judges that hear the appeal, the lower the risk of bias in the case. Whereas it is much simpler to get an appellate judge who knows the judge in your case, a panel of judges would be much harder to persuade to be biased.

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