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Medina v. State

The Mexican immigrant defendant lacked standing to challenge OCGA § 40-5-20 based on its alleged inconsistency with the 1943 Convention on the Regulation of Inter-American Automotive Traffic.

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Following a bench trial, Gustavo Valdez Medina appeals from his conviction of speeding1 and driving without a driver’s license.2 Medina contends that the trial court erred by denying his constitutional challenge to the licensing statute’s requirement that he, an immigrant from Mexico, have a valid Georgia driver’s license. For the reasons that follow, we affirm.3 Construed in favor of the verdict,4 the evidence shows that an officer observed Medina driving at a rate of 85 miles per hour in a 65-mile-per-hour speed zone on an interstate highway. The officer executed a traffic stop and asked for Medina’s driver’s license, but Medina did not produce a license or any other identification. The officer issued Medina citations for speeding and driving without a valid driver’s license.

The State filed an accusation alleging the two offenses, and a bench trial was held. At the close of evidence, Medina moved for a directed verdict on the ground that the driver’s license charge was unconstitutional.5 Specifically, he argued that OCGA § 40-5-20, which requires all non-exempted drivers to have a valid driver’s license issued under the Code chapter, violates the U. S. Constitution’s Supremacy Clause because that Georgia Code section conflicts with the 1943 Convention on the Regulation of Inter-American Automotive Traffic the “Convention”,6 an international treaty establishing certain foreign drivers’ rights to drive in the signatory countries without obtaining a local license.

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