Part Nine - Anatomy of DUI Defense in Fulton County, Appealing your DUI Conviction

If you are convicted of DUI in Fulton County, your case is not over and it is not hopeless. Within 30 days of the conviction your Fulton County DUI Lawyer should file a motion for new trial in the Fulton County State Court. At the motion for new trial your Atlanta-Fulton County DUI Lawyer will argue that the judge made errors in his rulings on your case, and those errors in his legal rulings caused the conviction.

Legal errors can include allowing the State to present illegally obtained evidence such as breath tests taken under duress or coercion. Also, your Fulton County DUI Lawyer may argue that the evidence was insufficient for a reasonable jury to find you guilty of DUI.

If the Trial Judge in Fulton County State Court agrees that errors were made, he will grant a new trial. If the Fulton County Judge finds that the evidence was insufficient to have convicted you of the DUI, he will reverse the conviction and enter into the record a disposition of Not Guilty of your DUI charge. However, if the trial judge does not find error or insufficient evidence, the judgment will stand for the time being.

In that event, your Fulton County DUI Lawyer will file an appeal of the case in either the Georgia Court of Appeals or the Georgia Supreme Court (in the event it is a constitutional challenge to the conviction. No case is 100% final until you have exhausted all possible appeals.

Unfortunately while under appeal, your license could still be suspended. If it's a first DUI, you will likely be able to get a permit to drive after the conviction. You may also have to suffer through court-ordered punishments. However, your DUI Attorney in Fulton County may file for a supersedeas bond to prevent implementation of punishment while the case is under appeal. Unfortunately the supersedeas bond will not present license suspension. So, sometimes strategically the convicted driver may agree undergo the other punishments while under appeal.

If you are arrested for DUI in the Atlanta – Fulton County Metro area, call a Fulton County DUI Lawyer now.Call DUI Lawyer Richard Lawson 24/7. Put his 17 years of experience to work for you today.