Elmer H. Young - Georgia DUI Attorney

Free Strategy Session Augusta and Macon: 706-284-4380 Savannah, Statesboro and Effingham: 912-400-0955

Previous | Back to Chart | Criminal

Appeal to Superior Court

A party to an ALS hearing who believes that the decision reached by the ALJ in the case is wrong or erroneous, may file a petition for judicial review. That petition would not be performed by the Office of State Administrative Hearings, (OSAH). That review would be performed by totally independent and "higher" court. These petitions for judicial review are heard by Superior Court judges. The venue or location of the Superior Court is optional with the party filing the petition. Such a petition may be filed in either the county where the ALS hearing was conducted or in the Fulton County Superior Court. In either event the petitioning party will be responsible to have a record or transcript of the hearing prepared and forwarded to the reviewing court.

The petition would set out where the error is believed to have been committed and legal briefs or arguments would be presented to the court at an appropriate time to be set by the court for such purposes. The court would not rehear or make a determination of the facts of the case, but would make it's ruling based on how the ALJ applied the facts hear in the hearing to the law that applied at the time.

It is significant to note that in a typical Administrative License Suspension hearing, the arresting officer is the party bringing the petition to suspend, that officer will not be the responding party to this appeal. Because the appeal is brought to reverse an action by a state agency, in this case, the Department of Motor Vehicle Safety, this agency will be represented by the Office of the Attorney General of the State of Georgia.