Official Code of Georgia Annotated

Title 40. MOTOR VEHICLES AND TRAFFIC · Chapter 13. PROSECUTION OF TRAFFIC OFFENSES · Article 2. ARRESTS, TRIALS, AND APPEALS

40-13-23. Waiver of jury trial; withdrawal of waiver.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the court in the county having jurisdiction to try the offense, wherein a jury may be impaneled. Where a cash bond, property bond, or driver’s license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction, and the defendant shall not be required to post a new bond by the court assuming jurisdiction.#
(b)
No waiver of a trial by jury may be withdrawn when such waiver has been interposed for the purpose of delay. Except with approval of the court, no waiver of a trial by jury may be withdrawn after the commencement of the trial or the filing of motions on behalf of the defendant, whichever comes first.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Ga. L. 1937-38, Ex. Sess., p. 558, § 4; Ga. L. 1985, p. 149, § 40; Ga. L. 1987, p. 329, § 1; Ga. L. 1992, p. 2785, § 29; Ga. L. 1996, p. 1279, § 1.

Pursuant to Code Section 28-9-5, in 1996, a comma was inserted following ‘‘property bond’’ in the third sentence of subsection (a).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t40-ch6-16-(v29)-2018-pdf.pdf, Volume V29, 2018 edition, page 634; merge action: carried; file SHA-256 82c1b132c971.