Appeals from DUI convictions are generally heard by the Georgia Court of Appeals unless some Constitutional issue is at the heart of the matter. DUI appeals may be from a denial of a Motion For New Trial, as discussed in the previous section, or they may be direct from the conviction itself. There are very technical details involved in the process of appellant practice that will not be considered here, but practically, speaking it is at this stage that the Value of the Motion for New Trial can be most appreciated. It has everything to do with “Timing.”
Direct Appeals must be filed within thirty day of the “Final Desposition” or sentencing order being filed with the clerk of the sentencing court. The transcript is due also, but seldom is because it has to be ordered, then typed and transmitted to the clerk of the sentencing court first. This causes delay and that delay is charged against the person filing the appeal, so motions to extend the dead-line to produce the transcript must be filed and monitored, refiled and monitored, and if a dead-line is over-looked the appeal can be dismissed. The appellant courts don't like that and typically will not allow an out-of-time appeal to be refiled.
Not so difficult with the Motion for new Trial at the lower court where the transcript can be delayed longer and readily available if the subsequent Appeal from the Denial of the new trial is filed. This area of law has many complexities, so use a good appellant lawyer and NOT the lawyer who tried the case for you. That lawyer may have caused the problem to begin with.
Appeals may take months to complete, so once again patience is the order of the day.