Question: I need a DUI question answered. After work I went out with my wife to Atlantic Seafood Company in Alpharetta. About half way through our meal my boss called and said that he and a key client were eating at Banjara Indian Restaurant in Roswell and he asked me to come to that restaurant. I thought it was important so I took my wife to Banjara and we had several drinks with my boss and the client.
After dinner I felt pretty drunk and asked my wife to drive home. She said she felt fine and not even a little bit buzzed. Problem was that when she started to pull out of our parking space she backed up into a Roswell police car. She was arrested for DUI and taken to jail. Apparently in jail she did some dumb stuff like scream at the cops and urinate in her cell.
I know it sounds bad but that's really just her quirky personality. So I need to know if we can get a trial by jury for a DUI? If so, can we have a trial in Roswell?
Answer: Yes, she is entitled to a trial for her DUI charge. She has a choice between a bench trial and a jury trial. A bench trial is where a judge is the trier of fact. With a jury trial, the jury determines guilt or innocence. If she wants to have a trial in Roswell, it will be at the Roswell Municipal Court. All Roswell Municipal Court trials are bench trials, where guilt or innocence is determined by a judge. Jury trials are not available in municipal courts. If she elects to have a jury trial, she will have to "bind over" the case to the State Court of Fulton County.
If you have been arrested for DUI you need to speak with an aggressive, knowledgeable and experienced Roswell DUI lawyer. Speak to a DUI lawyer at the Sherman Law Group any time, day or night, by calling us at 678-215-4106.