DUI cases are prosecuted in the State Court of Cobb County in Marietta, GA. Sometimes a DUI case begins in the Municipal Court of a Cobb County city like Smyrna or Marietta, but if a plea bargain cannot be successfully negotiated, then the case is transferred over to the Cobb County State Court for Motions and trial by jury. If the arresting DUI officer was with the Cobb Co. Sheriff's Office, the case may begin in the Cobb County State Court traffic division. A prosecuting attorney on behalf of Cobb County or the respective city (like Marietta or Smyrna) will initially review the case. If it is sent to the Cobb trial division, a new prosecuting lawyer will be assigned to the case. This is a second opportunity to plea bargain, but often the offers are more favorable at the earlier arraignments. Good Cobb DUI lawyers will file a discovery motion and a motion to suppress evidence following the DUI arraignment. The discovery motions compel the Cobb County DUI prosecuters to give the DUI defendants lawyers all the evidence they plan to use against them at trial - like copies of breath and blood test results, police reports, accident reports, and any supplemental reports, audio and video recordings, and a list of witnesses. The Cobb County prosecuter may also file a notice of intent to introduce similar transactions at trial. The deals with prior acts and the Georgia rules of evidence, so it is important to talk to your DUI lawyer - Cobb County - to discuss this.
The Motion to Suppress will usually be set for a day following arraingment in the Cobb trial court, but before the jury trial calendar begins. A Motion to Suppress, as well as Motions in Limine (usually filed or made orally just prior to trial) are critical in winning a Cobb Co. DUI case. See part two of this blog entry for additional information on Cobb DUI motions.