Title 40, Chapter 13, Section 23
( 40-13-23)
(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 (b) No waiver of a trial by jury may be withdrawn when such waiver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of the court, no waiver of a trial by jury may be withdrawn after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. |