Appeal To Superior Court
Within thirty days of the decision of the ALS court's ruling on the Motion to Reconsider, the driver may file this appeal. You or your lawyer will have ordered a transcript of the original hearing for review by a judge of the Superior Court of the county where the driver lives or in Fulton County, Georgia.
This judge will not hear testimony from the witnesses, will consider the facts established or not established at the lower level. Arguments from both sides will be considered and the decision may be affirmed or reversed by the judge. Interestingly, the decision is binding on the particular case, but doesn't create any binding precedent on future cases. Very few cases are ever appealed to this level, as the criminal case may have occurred before the Superior Court makes it ruling. If the criminal case results in a non-dui manner all becomes moot.