If you have a Gwinnett County DUI pending, you need to understand the different types of Gwinnett County courts. Below is a simple explanation of Gwinnett County non-jury DUI courts:
1. Most DUI cases pending in Gwinnett County begin in either the Gwinnett County Recorders Court or a municipal court, such as the Norcross Municipal Court, Duluth Municipal Court, Lilburn Municipal Court, Braselton Municipal Court, Snellville Municipal Court, or Lawrenceville Municipal Court.
2. If your DUI case is pending in Gwinnett County and it is in a court other than Gwinnett County State Court or Gwinnett County Superior Court, it is pending in a court that does not have the ability to offer you are jury trial upon your DUI.
3. You have the right to have your case “bound over” from any of these courts to the State Court of Gwinnett County. In the State Court, you may obtain a jury trial.
4. In the Gwinnett County Recorders Court or any of the local municipal courts within Gwinnett County, you may ask for a hearing upon motions or a bench trial.
5. A bench trial is a trial before a Judge.
6. In almost every court in Gwinnett County (and throughout the Georgia), defendants are unable to have a hearing upon their motions to suppress or motions in limine and subsequently bind their case over to a court that may provide a jury trial. If you elect to have motions heard before a non-jury Court, you are most likely stuck with having your trial before a Judge only.
7. Yes, there are Judges that are as good as any jury that may decide your DUI case. It is the obligation of your DUI lawyer to know which Judges are appropriate to select for a bench trial.
Gwinnett County prosecutes DUI charges very diligently and aggressively. If you hope to obtain a reduction or dismissal of your Gwinnett DUI, hire a solid and experienced Gwinnett County DUI lawyer.