GWINNETT COUNTY SOLICITOR-GENERAL’S OFFICE WILL NO LONGER PROSECUTE DUI MOTIONS IN RECORDER’S COURT

(Lawrenceville, Ga., April 28, 2021) – The Gwinnett County Solicitor General’s Office will no longer prosecute or argue motions in the Gwinnett County Recorder’s Court for violations of O.C.G.A. § 40-6-391 (DUI).

Solicitor General Brian Whiteside issued the following statement regarding the matter:

“The State will now at my discretion pursuant to O.C.G.A. § 40-6-376, bind over all DUI cases set for motions or trial, to the Gwinnett State Court.

I have made this decision after consulting with my staff and reviewing the applicable statue and case law.

I have chosen to discontinue hearing these types of cases at Recorder’s Court because it is not a court of record, and the appellate process from motions decided in Recorder’s Court is limited to the Gwinnett County Superior Court.

In my judgement decisions concerning violation of O.C.G.A § 40-6-391 are so impactful that they should be heard by the Georgia Court of Appeals or the Supreme Court of Georgia.

My decision concerning these cases will not affect a Defendant who would like to enter a plea of guilty or nolo contendere to a charge of DUI in Recorder’s Court.

While I understand that this change will mean that more cases will be heard in state court, I believe that having DUI motions and trials in state court not only protects the interests of the State but also the rights of a Defendant.”

 

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