Richmond, VA asked in DUI / DWI for Virginia

Q: i have dui jury trial in curcuit court if convicted can i appeal the verdict and remain out of jail until a new date?

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2 Lawyer Answers
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
Answered
  • Richmond, VA
  • Licensed in Virginia

A: If you are in circuit court on a DUI matter, you have no automatic right to an appeal. You can ask the Court of Appeals to hear your case, but that is all. The appeal to the Court of Appeals is not like a new trial. The judge has no obligation to stay your sentence while the appeal is pending, but you can ask him to do it.

Susan Fremit
Susan Fremit
Answered
  • DUI & DWI Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: Attorney Bodoh is correct. Unless the Court of Appeals thinks there is a good basis for appeal, it will deny the request to appeal. I advise my clients to look at the Circuit Court trial as being realistically the last avenue of appeal.

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