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Can I Transfer My DUI Case From Woodstock to Cherokee State Court?

Question: I was arrested for DUI in Woodstock, Georgia. I was in an accident and my car hit a tree. I was fine but when the deputy sheriff got there he noticed that I had some beer cans in the car. He asked me to do some tests on the side of the road. I didn't do well on the tests. I fell over and my speech was slurred. I spent most of the night at a concert in a local bar and I was drinking pretty much the whole time.

It's not my first DUI charge. I got a DUI in Woodstock 3 years ago and I'm sure they will remember me at court. Three years ago I was charged with DUI and possession of pot and pills. The prescription pills were a friend's and he gave them to me because my back hurt from falling off a roof.

I took the DUI breath test and I scored a .158. I know that is considered high. I really don't want to have my case in Woodstock. Can I transfer the case somewhere else to be heard?

Answer: Yes, you can have the case transferred to the Cherokee County State Court in Canton. When you transfer a case from a municipal court to a state or superior court that is known as "binding it over." When a case is "bound over," it is transferred from a lower court to a higher court. The higher court has the authority under Georgia law to hold jury trials.

You need to consult with a Cherokee County DUI lawyer to help ensure that you are making a good strategic decision if you want to bind the case over from Woodstock Municipal Court to the Cherokee County State Court.

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Arrested for DUI in Cherokee County? Then you need to speak with an experienced Woodstock DUI lawyer. We offer experience, knowledge and aggressiveness. We're always here for you, day or night. Just call us at678-215-4106.

Our experience matters; it's important for your case. Our real life experience includes having served as a Magistrate Judge, an Assistant Attorney General and as an Assistant County Attorney. If you need a DUI lawyer in Cumming, call the Sherman Law Group any time, day or night.

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