Skilled trial counsel is essential at every stage of a DWI case to preserve your rights. Many people believe that an appeal can cure any mistake that may have occurred in the lower court. This is not how New York appellate courts operate. An appellate court will only consider issues that have been preserved for review.

For example, in a recent case, a driver appealed his conviction for aggravated DWI on a number of grounds. The driver’s appellate lawyer argued that the accusatory instrument contained hearsay allegations. The Court held the issue was unpreserved for review and did not consider the argument.

The driver’s appellate lawyer further argued that the trial included impermissible evidence of the driver’s prior bad acts. The Court again held the issues was unpreserved.

The driver’s appellate lawyer argued that the DWI charges should have been dismissed for lack of probable cause. Here again, the Court held the issue was unpreserved.

The driver’s appellate lawyer argued that the jury’s verdict was inconsistent. And yes, again the Court held the issue was unpreserved for review.

It may seem unfair that an Appellate Court declined to consider all the driver’s arguments. But Appellate Courts would be overwhelmed if everything that ever happened in the trial court was subject to review. With few exceptions, only issues that a trial lawyer puts at issue will be available on appeal as grounds for a modification or reversal of a conviction.

This reality of appellate practice highlights the importance of choosing the right DWI lawyer to handle your case because, contrary to popular belief, not all mistakes can be fixed on appeal.