Are there many cases where a drunk driving appeal results in a reduced sentence?

It must be causing you great mental anguish that your son committed drunk driving.

There are more cases than one might expect in which a drunk driving appeal results in a reduced sentence.

There can be various cases, such as a change from an actual custodial sentence to a suspended sentence, a reduction on appeal from two years' imprisonment to one year, a change of disposition from a suspended sentence of imprisonment without labor to a fine, an acquittal by dismissing the prosecutor's appeal, and the maintenance of a favorable judgment of the lower court.

If a drunk driving appeal is necessary, you must present evidence that was not raised in the original trial.

The appellate trial is, in principle, a procedure for reviewing the fact-finding of the first instance. New evidence must clearly prove its importance and necessity.

- An expert opinion showing that there was illegality in the breathalyzer procedure

- A medical certificate re-proving your son's health condition at the time of the drunk driving

- CCTV footage showing that the measurement was taken after a certain amount of time had passed following drinking

The above are examples of evidence that can be offered only in fragmentary form, even though the matter has not yet been properly assessed.

In addition, if there was a victim afterward, we can also help prepare materials favorable to sentencing, such as a settlement with the victim, a letter of apology, and a certificate of completion of treatment.

We hope that you will privately retain an attorney experienced in traffic accident cases and that there will be a good outcome for your son.