Q
Are there many cases where sentences are reduced through DUI appeals?
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I drank and drove and was caught for drunk driving for the first time at a checkpoint... My case has been forwarded to the prosecution. How long does it take from forwarding to a decision? I think my BAC was right around the threshold. Are there any strategies that could help with DUI sentence reduction in this situation? If there's a DUI specialist attorney, please reply regarding the resolution of DUI prosecution forwarding.
DUI appeal
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作者: 박동일
You must be suffering greatly mentally because your son committed DUI.
There are more cases of sentence reduction through DUI appeals than you might think.
There can be various cases such as suspended sentence from actual imprisonment, reduction from 2 years to 1 year of imprisonment in the appellate court, change of disposition from imprisonment with suspended sentence to fine sentence, and maintenance of a favorable original judgment by dismissing the prosecutor's appeal as not guilty.
If you need a DUI appeal, you must present evidence that was not raised in the original trial.
The appellate trial is, in principle, a procedure to review the factual judgment of the first trial. New evidence must clearly prove its importance and necessity.
-Appraisal opinion showing that there was illegality in the breathalyzer test procedure
-Diagnosis re-proving your son's health condition at the time of DUI
-CCTV footage showing that the measurement was taken after a certain period of time after drinking
The above are examples of evidence that can be partially provided even though the case has not been properly judged.
In addition, if there were victims afterward, we can also prepare materials favorable to sentencing such as settlement with the victim, letters of reflection, and treatment completion certificates.
I hope you privately retain a traffic accident specialist attorney and that there will be a good outcome for your son.
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