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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