Jones v. State
308 Ga. App. 99
Ga. Ct. App.2011Background
- Jones pleaded guilty to speeding (Count 1), reckless driving (Count 2), and passing in a no-passing zone (Count 3); Counts 4–6 were nolled. The trial court sentenced 12 months on each count, consecutive, with 45 days in jail and the remainder on probation; imposed a $1,000 speeding fine; and ordered 400 hours of community service.
- The court treated speeding as a misdemeanor under OCGA 40-6-1(a) and 40-6-181(b), subject to the general misdemeanor punishment under OCGA 17-10-3.
- Jones challenges (i) the 12-month sentence with jail time for speeding, (ii) the $1,000 speeding fine, and (iii) the 400 hours of community service. The Court affirms conviction, vacates sentence, and remands for resentencing.
- The State sought to rely on prior speeding convictions to justify the $1,000 fine and argued the 400-hour community service complied with OCGA 42-8-72.
- On remand, the trial court must resentence within statutory limits, particularly capping community service at 250 hours per traffic case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the 12-month sentence with 45 days in jail permissible for speeding? | Jones contends it exceeds speeding punishment limits. | State argues misdemeanor penalties allow imprisonment and probation. | Permissible within statutory limits. |
| Is a $1,000 fine permissible for speeding given prior convictions? | State purportedly can exceed $500 due to recidivism; record need not be certified. | Jones argues statutory cap of $500 applies; prior convictions must be proved. | $1,000 fine permissible; prior convictions properly considered. |
| Is 400 hours of community service proper under OCGA 42-8-72? | 400 hours could be allowed if authorized per charge. | Maximum is 250 hours per traffic/ordinance case; 400 is excessive. | 400 hours improper; remand for resentencing within 250 hours per case. |
Key Cases Cited
- Pitts v. State, 231 Ga. App. 9, 498 S.E.2d 534 (Ga. App. 1998) (standards for review of trial court sentencing discretion)
- Caputo v. State, 276 Ga. App. 477, 623 S.E.2d 687 (Ga. App. 2005) (speeding as misdemeanor subject to general punishment)
- Gregg v. State, 253 Ga. App. 243, 558 S.E.2d 729 (Ga. App. 2001) (speeding penalties and imprisonment considerations)
- Chastain v. State, 231 Ga. App. 225, 498 S.E.2d 792 (Ga. App. 1998) (special punishment provisions for open container violations)
- Richardson v. State, 276 Ga. 639, 581 S.E.2d 528 (Ga. 2003) (interpretation of statutory language in community-service limits)
- Moret v. State, 246 Ga. 5, 268 S.E.2d 635 (Ga. 1980) (best evidence rule considerations for prior convictions)
- Thompson v. State, 266 Ga. App. 29, 596 S.E.2d 205 (Ga. App. 2004) (recidivist sentencing and evidence of prior convictions)