Motion To Reconsider
This is the first step in the appeal process. The driver or the lawyer files this motion to reconsider the decision of the court and provides the judge with the reasons why it should be changed. This motion must be filed within ten days for the date of the decision.
Briefs might be filed to cite whatever law appears to support reconsideration. There is no court hearing on these motions. The decision that follows can go either way for the driver. Copies of this motion must be provide to the officer and the lawyer for the state, when it is filed, in order for them to respond accordingly.
If the court does not change the decision, then off to Superior Court you might go with the direct appeal. See next section.
