Snellings v. State

Cooper, Judge.

Convicted in probate court of speeding, appellant appealed to superior court. This appeal is from the superior court’s affirmance of conviction. We reverse.

Probate courts are empowered by OCGA § 40-13-21 to entertain prosecutions for State traffic offenses. However, in OCGA § 40-13-23, that power is made contingent on the obtention of a written waiver of trial by jury: “No court defined in this article shall have the power to *553dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury.” (Emphasis supplied.)…