Jones v. State
315 Ga. App. 688
Ga. Ct. App.2012Background
- Jones was convicted by jury of reckless conduct, reckless driving, and speeding, all misdemeanors, with a sentence of 12 months (20 days to serve, remainder on probation).
- An officer observed a Jaguar exceeding 100 mph (103 mph by laser) on I-285 in a 55 mph zone, leading to a speeding stop and Jones’s arrest; Jones’s 14-year-old son was in the car.
- Jones admitted knowing the speed limit but claimed he did not know his exact speed; he testified he accelerated to merge due to traffic conditions and tractor-trailers.
- Jones testified his alternative was to pull over, and claimed he would have complied with the traffic if possible; he denied that his conduct endangered anyone.
- Jones argued the trial court should have sua sponte given a justification defense instruction; the State contended there was no evidence supporting justification.
- The appellate court affirmed, holding there was no evidence to support a justification defense and relying on Tarvestad, Moon, Odum, Porter, and Davis in its reasoning.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not giving a justification instruction sua sponte | Jones argues there was evidence of justification requiring a charge | State contends no evidence supported justification | No justification evidence; no sua sponte instruction required |
Key Cases Cited
- Tarvestad v. State, 261 Ga. 605 (1991) (mandatory justification charge only if some evidence exists)
- Moon v. State, 244 Ga.App. 443 (2000) (no justification where other options existed)
- Odum v. State, 220 Ga.App. 263 (1996) (defendant's own actions created the situation negating justification)
- Porter v. State, 272 Ga. 533 (2000) (no instruction where evidence does not justify)
- Davis v. State, 269 Ga. 276 (1998) (supports Tarvestad framework for justification instructions)