Reader’s Question:

My father has just been recently convicted of DUI here in Maryland. We fully understand the effects of this on our lives, especially on his. Is there a way that we can be able to clear his DUI record?

Matt

Dundalk, MD

You may have some options available to clear your father’s DUI record in Maryland. After a DUI conviction, your father can seek a new trial from the court. His DUI lawyer can ask the court for a new trial if there was an error in the admission of evidence at his trial or some other procedural problems. Your father would be allowed to present his entire case again if the judge grants his request for a new trial, and with a new jury this time. Your father’s record will be cleared if he is found not guilty after the second trial. The legal effect of this is that as if he was never convicted.

Your father may be eligible to appeal his DUI conviction if the judge refuses to grant him a new trial or he loses at his second trial. If there is an error of law at his trial, or the jury completely disregarded the facts, he may have grounds for an appeal. This would involve filing briefs with the court and an oral argument. Your father will not be required to appear or participate in the appeal. If his appeal is successful, his DUI conviction will be reversed, and his record will be cleared.

Tags: DUI, DUI lawyer