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 to Reconsider

You can't win 'em all! When things don't go as well as you hoped and the officer is well prepared and has been trained properly in the methods of setting up proper legal foundations for the introduction of the necessary facts and documents, the judge will often find that preponderance of evidence exists to support the suspension of the license requested by the officer. Remember this is a CIVIL case and the burden of proof required is lower than in the pending CRIMINAL case.

Remember too, that your lawyer has told you these things and that the most important reason to go through his procedure is to find out and preserve on the record what the officer says under oath at this hearing so this testimony can be used at the criminal trial coming down the road. An acquittal of the criminal charges will automatically reverse this decision handed down by the ALJ.

Approximately five business days after the hearing, the Administrative Law Judge who heard the evidence in the ALS hearing will issue a written order. This order will state the facts found by the judge to support the finding upon which the decision has been based. In some instances, where the officer fails to appear, or a petition is withdrawn for any reason, the ALJ may issue the written order at the end of all the hearings. That is, the party may wait and walk out of the courtroom with a written order the very same day. This is discretionary with the ALJ.

In any event , should the party be dissatisfied with the decision rendered by the court, the party may ask the same ALJ to reconsider the decision that was made and offer to make an argument or present briefs or case-law to support the position of the aggrieved party. This motion to reconsider must be filed within a 10 day period of time and notice of the motion must be served upon the opposing party to the petition. The judge will allow sufficient time to allow the opposing party to respond to the motion, again usually about 10 days before making a decision. This time period will not prevent the suspension from going into effect, but does allow all parties an additional opportunity to make a showing to reverse a decision of the judge prior to filing an appeal to Superior Court.