Question: After doing a deal at work I and some colleagues went to some bars in Johns Creek. We went to Jeffrey's Sports Grill, Kozmo Gastro Pub and the Honey Pig in Duluth. I was driving home to Woodstock when I got stopped by a cop. It was a city of Woodstock police officer who said I was speeding. The cop asked if I had anything to drink and I told I had a couple of beers. I think he noticed that I had an open beer in the car. He finally arrested me for DUI and took me to jail. I took a breath test. I got a bail bond paid for by my parents who live in Alpharetta. They were not happy with my arrest. I was arrested in college at Georgia State University for disorderly conduct but that was six years ago.
I went to court in Woodstock and I really need to speak with a DUI lawyer because I really didn't understand what was going on. I will call you but I have a question. Can I get a jury trial in Woodstock? I think I can explain what happened and I don't know what a judge will do?
Answer: I assume that you went to the Woodstock Municipal Court. The judge there is Stephen A. Yaklin. In the state of Georgia, municipal courts do not have the power to hold jury trials. In your case, because the city of Woodstock is in Cherokee County, you would have to request that your case be "bound over" to the Cherokee County State Court if you want a jury trial. A trial without a jury is called a "bench trial." That is where the judge makes all determinations of fact. In other words, it is up to the judge to find you guilty or not guilty.
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