Can Double Jeopardy Stop Georgia from Prosecuting Your DUI?

The United States Constitution prohibits double jeopardy, i.e., trying a person twice for the same alleged crime. Among other things, this means that if you are tried and acquitted on a criminal charge, the government cannot prosecute you a second time on that charge.

Georgia law provides an additional, statutory form of double jeopardy protection. In Georgia, all alleged crimes arising from the same course of conduct must normally be prosecuted together in a single case. To give a hypothetical example, say a police officer arrests Jerry on suspicion of DUI. A subsequent search of Jerry’s vehicle uncovers a bag with cocaine. Under Georgia’s double jeopardy statute, the state must try Jerry for both the DUI and the cocaine possession at the same time. The state cannot try Jerry for the DUI, wait, and then initiate a separate prosecution for the drug possession.

Court of Appeals: Paying a Traffic Ticket Is Not a Judgment of Guilt

The double jeopardy statute only applies, however, when the original prosecution ends in a conviction or acquittal. Here is a real-world example taken from a recent Georgia Court of Appeals decision, State v. Harris. In this case, a police officer issued a traffic citation against the defendant, alleging DUI, failure to maintain a lane, and possession of an open alcohol container.

The defendant later went to the local municipal court and paid the tickets for the failure to maintain a lane and open container charges, which came to $165 each. Shortly thereafter, the municipal court transferred the case to the State Court for a jury trial on the DUI charge. Prosecutors subsequently charged the defendant with two counts of DUI and failure to maintain a lane before the State Court.

The defendant then moved to dismiss the case under Georgia’s double jeopardy statute, arguing when he paid the two tickets, that was a “guilty plea as a matter of law.” The defendant noted that he only paid those tickets because he received notice threatening suspension of his driver’s license if he did not pay immediately. The state could therefore not proceed with a second prosecution, as the DUI allegations arose from the same traffic stop as the two paid tickets.

The State Court agreed with the defendant that double jeopardy attached, but the Court of Appeals disagreed and held the state could proceed with the DUI prosecution. In this context, the defendant paying the traffic tickets did not constitute a “conviction” or final adjudication of guilt. At best, paying the ticket was the equivalent of pleading guilty. But there was no judgment entered on that plea, the Court of Appeals said, and thus this was not a scenario where the state improperly conducted a second prosecution arising from the same conduct,

Contact Hawkins Spizman Trial Lawyers Today

A drunk driving arrest can turn your life upside down. That is why you need to work with a Board certified Atlanta DUI lawyer who can help you explore every possible avenue for defending yourself against such charges. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=4569a9ef-fc5c-4255-9500-14dc82621183