Following a jury trial, Jessica Colotl appeals from her conviction for driving without a valid driver’s license.1 Colotl relies on statutory language providing that a person “shall not be guilty” of the offense if the person “produces in court a valid driver’s license,”2 and she argues that the trial court erred by not dismissing the case because she produced an instruction permit “learner’s permit” to the court. Because Colotl’s permit was obtained after she drove without a valid license, we affirm. Construed in favor of the verdict,3 the evidence shows that Colotl was observed by a law enforcement officer driving in a parking lot and searching for a parking space. While the officer watched, Colotl paused to wait for a parking space to open; upon noticing the officer, she circled around the lot and paused again to wait for the parking space to open. After the second pause, the officer executed a traffic stop based on his belief that she was impeding the flow of traffic,4 and he requested Colotl’s driver’s license and proof of insurance. Colotl could not produce a driver’s license but stated that she had a valid Mexican driver’s license. The officer gave her 24 hours to appear at the police station and produce her Mexican license. Colotl appeared at the police station the next morning, but she explained that she could not find her license. At that time, an officer arrested Colotl and cited her for driving without a license and impeding the flow of traffic.
Prior to trial, Colotl proffered evidence that she had obtained a Class C5 Georgia learner’s permit six days before trial,6 and she moved to dismiss the driver’s license charge. The trial court denied the motion on procedural grounds. At trial, Colotl testified that she did not have a valid Georgia driver’s license at the time of the arrest, but that she had since obtained the learner’s permit proffered by her attorney. After the close of the evidence and the charge of the court, the jury rendered a guilty verdict only on the driving without a license charge. Colotl moved for judgment notwithstanding the verdict,7 and the motion was denied, giving rise to this appeal.
