Question: I want a jury trial in the Woodstock Municipal Court. I got arrested for DUI and I want a trial in Woodstock. I think if I get a trial in Woodstock then I might win my case.
I was pinched driving home last weekend. I had been drinking, which I admitted to the cop because I don't lie. I was speeding but I wasn't going hugely fast, maybe 18 mph over the speed limit and just keeping up with traffic. I took the blow test and I blew a .94. Yes, it's over the limit, but it's really not that high a lawyer told me. I think a jury might believe me that I wasn't DUI, that drinking didn't affect me that much, that I was OK to drive.
I know I'm entitled to a jury trial and I think it might help me. I did those tests the cops want and I cooperated totally. The cop was kind of mean and didn't really talk to me, even when I asked questions.
I need to hire a Woodstock DUI attorney, I get that. But I'd like some advice on getting a jury trial in Woodstock so that when I hire a drunk driving lawyer I'll know what I'm talking about.
C.B. in Woodstock, GA
Answer: You are certainly entitled to a jury trial for a DUI charge. However, you cannot have a jury trial in the Woodstock Municipal Court. In Georgia, you cannot have a jury trial in a municipal, or city, court. If you want a jury trial, you would have to have the case transferred (known as a “bind-over”) to the Cherokee County State Court, which is located in the city of Canton.
In Georgia, the only courts empowered to conduct jury trials are state courts and superior courts. Municipal, city, probate and magistrate courts are not authorized to hold jury trials.
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