40-13-21
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40-13-21.
(a)
The probate courts and municipal courts of the incorporated towns and cities of
this state, acting by and through the judges or presiding officers thereof,
shall have the right and power to conduct trials, receive pleas of guilty, and
impose sentence, in the manner required by law, upon defendants violating any
and all criminal laws of this state relating to traffic upon the public roads,
streets, and highways of this state where the penalty for the offense does not
exceed that of the grade of misdemeanor.
(b)
The probate court shall have jurisdiction to issue warrants, try cases, and
impose sentence thereon in all misdemeanor cases arising under the traffic laws
of this state in all counties of this state in which there is no city, county,
or state court, provided the defendant waives a jury trial. Notwithstanding any
provision of law to the contrary, all municipal courts are granted jurisdiction
to try and dispose of misdemeanor traffic offenses arising under state law
except violations of Code Section 40-6-393 and to impose any punishment
authorized for such offenses under general state law, whether or not there is a
city, county, or state court in such county, if the defendant waives a jury
trial and the offense arises within the territorial limits of the respective
jurisdictions as now or hereafter fixed by law.
(c)
In any traffic misdemeanor trial, a judge of the probate court, upon his or her
own motion, may request the assistance of the district attorney of the circuit
in which the court is located or solicitor-general of the state court of the
county to conduct the trial on behalf of the state. If, for any reason, the
district attorney or solicitor-general is unable to assist, the district
attorney or solicitor-general may designate a member of his or her staff to
conduct the trial on behalf of the state.