Wednesday, January 16, 2002
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Wednesday, January 16, 2002 |
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Appeals Court reverses PTC conviction in underage alcohol case By JOHN
MUNFORD
The Georgia Court of Appeals has reversed the conviction of a man for underage possession of alcohol because Peachtree City police cited him with a state-issued traffic ticket. Attorneys for Eric Shaver argued to the Georgia Court of Appeals that using state traffic tickets for non-traffic offenses is improper according to Georgia law. Martin Jones, an attorney for the city, said the ruling affects the way Peachtree City and many other cities in Georgia have prosecuted similar cases. The city will seek an appeal with the Georgia Supreme Court, although there is no guarantee the appeal will be heard, Jones added. Peachtree City has used the traffic tickets to cite offenders for misdemeanor charges of underage possession of alcohol, possession of marijuana and shoplifting, Jones said. Now, the city is forwarding such cases to the Fayette County State Court for prosecution until the dispute can be resolved. "We're not a loose cannon," Jones said, noting that other area municipalities such as Forest Park and Stockbridge have used traffic tickets to cite offenders for non-traffic misdemeanor charges. The use of traffic tickets to charge offenders with possession of marijuana and shoplifting makes sense because those charges can affect a person's license status with the state, Jones said. Jones noted that the traffic citation process is overseen by the state Department of Public Safety, which had not complained about the practice. It makes sense for the Department of Public Safety to be notified of non-traffic-related marijuana and alcohol convictions because convictions can result in the suspension of a driver's license, Jones said. "The Department of Public Safety has an interest in keeping track of those cases," Jones said. Using the traffic tickets also keeps officers from having to arrest and book such offenders at a cost to the city, Jones added. "We could get warrants for them, arrest them and book them into the jail so they can post bond, but is that the right thing to do with an already overcrowded jail?" Jones said, adding that the city may be forced to do just that. The ramifications of the Shaver ruling could affect the sentences of many offenders who were sentenced using progressive sentencing laws on marijuana possession or shoplifting cases that were brought using traffic citations, Jones said. "It could mean that thousands of cases out there are arguably void," Jones noted. "... We have to look closely at what we do and how we do it." Jones added that the solution may ultimately be to use a separate citation system for underage possession of alcohol, possession of marijuana and shoplifting charges. Jones credited Shaver's attorneys, Lloyd Walker and Joe Saia, for bringing the matter to the state's attention. Without their challenge, no one would have noticed the loopholes in the law, Jones added. State legislators will be approached to enact a law to close the loopholes, Jones said. A similar case involving Peachtree City is pending before the Georgia Court of Appeals. Allison Beaman was also charged with underage possession of alcohol by a traffic ticket, and Walker and Saia argue her conviction should be reversed also.
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