Can I Have a Jury Trial for a DUI in Roswell?

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.

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