Alcohol & Drugs: DUI, DWI Appealing jail time

Bcorder21

New Member
I'm going to district court for my 2nd DWI in NC. If the judge gives me jail time can I appeal it and just walk away with another court date ?

I'm going to district court for my 2nd DWI in NC. If the judge gives me jail time can I appeal it and just walk away with another court date ? This is my final and I already waived my rights to a court appointed lawyer, also I can't afford my own. So what can I do ? I'd like to appeal it so I could get a court appointed
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Don't start a new thread asking the same or similar question(s).
Thank you.
Your friendly & stern, Mod
 
Last edited by a moderator:
I'm going to district court for my 2nd DWI in NC. If the judge gives me jail time can I appeal it and just walk away with another court date ?


You should HIRE a lawyer, or request a public defender.
If you receive jail time, you might be able to take leave to appeal, but you really need to hire a lawyer, or request a public defender. Otherwise, you're playing with FIRE!!!
 
NC appears to have a MINIMUM of 24 hours of jail time for a level 5 (minor) DWI. You cannot simply appeal a judge's sentence because you don't like it. You need legal grounds for an appeal. As a two time offender you can almost certainly expect more jail time and higher fines, and (hopefully) some additional sanctions such as a license suspension and alcohol rehab/counseling.

Consult legal counsel.
 
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