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Cobb County DUI: case can’t be dismissed for failure to list witnesses

Major v. State, A10A1515, Cobb County DUI, list of witnesses with the accusation, (October 05, 2010); Dalthan Major appeals his conviction for DUI before a Cobb County jury in Marietta, Georgia. He appealed claiming that he should have been tried with the witnesses available on the initial date of trial under O.C.G.A. 17-16-21.  The Court of Appeals held that because he agreed to a 30-day continuance there was no error and that the law in Georgia is clear that the Trial Court has the discretion to grant a continuance and a DUI Defendant is obligated to request one to cure any prejudice.