Can I have a jury trial in the Sandy Springs Municipal Court?

Posted by William H. Sherman on Sep 04, 2019 | 0 Comments

Question: Never thought I'd be writing. Got a DUI charge in Sandy Springs and worried about what will happen to me. Maybe I want a jury trial. Not sure.

I was driving on Roswell Road in Sandy Springs and I dropped my iPhone and picked it up and swerved and then a cop saw me and pulled my over. The cop could smell beer because I was drinking and I told him I had some and that I rarely drink, only on special occasions. I mean I'm no alcoholic or problem drinker but I do drink, I see no problem with that. And I'm not so sure that's even illegal. I mean everybody drinks, some people just hide it better than others, I guess.

I will admit, but just anonymously, that we did play drinking games earlier in the afternoon. We played Thumper, Drunk Jenga, Never Have I Ever, and Kings Cup. We actually lost a couple of guys who got too drunk. One guy vomited on the street, staggered off, and passed out in a bush. I think he picked up a disorderly conduct or trespass charge.

I was having an allergy attack and I couldn't see real well so I think I looked buzzed. I was trying to do those tests the Sandy Springs police officer told me to do. I looked bad on the tests, I mean I couldn't walk a straight line real well. But that was the allergies not the drinking.

My mom had a few DUIs back in the day (she was wild!) and she did a little bit of jail time, but not too much. I just want minimum punishments and I'd rather not go to jail, I know nobody wants to do jail time.

Can I get a jury trial in the Sandy Springs Municipal Court? Should I?

L.B., in Sandy Springs, Georgia

 Answer: You can't have a jury trial in a municipal court in the state of Georgia. And Sandy Springs is no exception. By law, jury trials can only be held in state courts and superior courts. If you want a jury trial you will have to “bind-over” the case to the Fulton County State Court, which is in Atlanta. The reason the case would be sent to the Fulton State Court is because Sandy Springs is a city located in Fulton County.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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