If you have been convicted of a DUI in Kansas, the conviction can be challenged through an appeal. A conviction for DUI in Kansas requires testimony of law enforcement witnesses, expert witnesses with scientific knowledge, and admission of often contested exhibits. Challenging these types of issues on appeal requires an extensive knowledge base in appellate advocacy few attorneys possess. Accordingly, the choice of an appellate attorney is an important one.
APPELLATE ADVOCACY IS UNLIKE TRIAL PRACTICE
Because the audiences are different, the skills required to do a trial do not translate on appeal. At trial, your attorney will be arguing to a jury of your peers that law enforcement or the prosecution made an error in bringing a case forward. While on appeal, your attorney will be arguing to at least three judges that another judge made an error. What's more, the argument made by your attorney may be conducted wholly in writing - leaving your hopes for reversal only on the written brief before a panel of extremely knowledgeable judges. Learn more about criminal appeals and the appellate process by clicking HERE.
HOW TO APPEAL A DUI CONVICTION
A DUI appeal begins with the filing of a Notice of Appeal in the district court. From there, the appellate attorney compiles the record on appeal which includes all documents filed in the case and transcripts of the hearings. Based on the record on appeal, the appellate attorneys of both parties file a brief with the Kansas Court of Appeals. The Court of Appeals will then decide whether to set the case for argument.
COMMON DUI ISSUES RAISED ON APPEAL
An appeal is the defendant's opportunity to correct adverse decisions made by the district court judge. Some of the more common issues raised on appeal are:
- Insufficient evidence of DUI
- Incorrect rulings on the admissibility of evidence
- Improper jury instructions
- Sentencing errors
- Improper testimony of State witnesses
- Prosecutorial error or misconduct
- Juror misconduct
CHALLENGING CRIMINAL HISTORY
The punishment for DUI's in Kansas depends on whether the offender has had prior DUI convictions. Simply put, the more priors, the more severe the penalty. In State v. Stanley, Attorney Adam D. Stolte successfully argued that certain prior DUI convictions should not be counted for criminal history purposes. This resulted in the reduction of penalties for the immediate client but also for people across Kansas. Attorney Adam D. Stolte regularly educates attorneys across Kansas on challenging priors. The National College of DUI Defense (NCDD) also highlighted the case on its BLOG.
KANSAS DUI & APPELLATE ATTORNEY
Contact Stolte Law, LLC at 913-575-8823 to discuss the particulars of your case. Attorney Adam D. Stolte can review your case for issues on appeal.