Elmer H. Young - Georgia DUI Attorney

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

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Motion for New Trial

The driver would not be looking into this part of the legal process unless something happened during the trial to turn all the jurors sour and the defendant ended up with a verdict not entirely to his liking. This part of the process involves a motion to the judge who heard the case, whether as a bench trial or as a jury trial to take another look at the case to see if there was a mistake clear enough "on the record" for a judge to see that a new trial ought to be allowed, rather than a reversal risked for the failure to permit one. So, this phase involves the real and expected possibility that an appeal will be filed if such a new trial is not allowed.

After the motion is filed a transcript of the trial will be ordered and, from the testimony gleaned from this transcript, the judge would be able to get a good look at what the appellant courts would see and then render a decision. Arguments from both the state and the defense would be considered and case-law from both sides would be presented to support each position. This motion hearing would not include any additional testimony or evidence from either side, but would be decided strictly from the transcripts. .

These motions are not frequently granted, as it seems hard for a judge to see the error of his ways and many would rather test the lawyer's skill against the prejudice or pride of the Georgia Court of Appeals to correct any errors that may have been made by the judge in the trial of the driver's case. That said, it means that the defendant driver must now move the case along through the criminal justice process and file an appeal from the judge's failure to grant a new trial.