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Govert v. State

The superior, state and municipal courts shared concurrent jurisdiction over defendant's DUI and traffic offense charges, regardless of whether she waived her right to a jury trial.

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Monika T. Govert appeals following the denial of her plea in bar by the Fayette County State Court. She asserted in support of her plea that under OCGA § 40-13-29 the Peachtree City Municipal Court had exclusive jurisdiction over state misdemeanor traffic violations occurring inside the city’s corporate limits unless the defendant requests a jury trial. Because we find that the statute does not vest exclusive jurisdiction over such violations in the municipal court, we affirm.

On March 7, 2001, Govert was arrested and charged with driving under the influence under OCGA § 40-6-391 and failure to maintain lane. The Uniform Traffic Citation issued by a Peachtree City police officer indicated that Govert was being charged with violating state law. The City Solicitor later requested that the case be bound over to the State Court of Fayette County for trial, and on July 20, 2001, the state court issued an accusation against Govert on the same charges. Govert filed an objection in the Municipal Court of Peachtree City to the transfer of her case and a plea in bar in state court asserting that that court lacked jurisdiction under OCGA § 40-13-29. In each of these pleadings, she noted that she had not demanded a jury trial, which she contends indicated her waiver of that right.1 The state court denied her plea, but certified the issue for immediate appellate review. This appeal follows the grant of Govert’s interlocutory application.

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