40-13-23
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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No waiver of a trial by jury may be withdrawn when such waiver has been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waiver of a trial by jury may be withdrawn after the commencement of the trial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.