What is the process for appealing a DWI conviction?

Appealing a DWI conviction in Washington is a long and complicated process. It starts by filing a notice of appeal and then a brief document outlining the legal grounds for an appeal. This must be submitted within 30 days of the conviction. If accepted, a higher court will hear arguments from both the defense and prosecution. If the higher court still decides the original conviction should stand, then the conviction will be upheld and the defendant has the right to file a petition for review by the Washington State Supreme Court. The defendant must provide a legal basis for the appeal, explaining why the lower court made an error or violated a law or procedure. The appellate court will not consider whether the defendant is innocent or guilty. It will only look at the legal issues surrounding the conviction. For example, the court may consider whether the defendant was properly informed of their Miranda rights at the time of arrest, or whether evidence was improperly admitted in the case. In addition to providing legal argument, both parties must submit paperwork to the court, such as motions and memorandums, and must be prepared to appear in court for oral arguments. If the appeal is successful, the conviction can be overturned and the case sent back to another court for a new trial. The process can be long and complicated, and it is best to consult with an experienced attorney prior to filing an appeal.

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