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Jones v. State

The county allegation in the defendant's DUI accusation sufficient met the venue requirement.

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Following a bench trial, the Probate Court of Meriwether County found Billy Thomas Jones guilty of driving under the influence of alcohol. Jones appealed his conviction to the superior court, arguing that the probate court erred in failing to quash his accusation. The superior court upheld the conviction, and Jones now seeks further review. Finding no error, we affirm. At issue is the venue requirement for charging instruments filed in probate court. Under Georgia law, venue is a material element of a crime, and it must be alleged in an accusation or indictment.1 A charging instrument that does not meet the venue requirement is subject to a general demurrer.2

In this case, the state’s probate court accusation charged Jones with driving under the influence of alcohol “in the State of Georgia and in the County of Meriwether” on August 9, 2005. Asserting that the venue allegation was insufficient, Jones moved to quash the accusation. He noted that under OCGA § 40-13-29, a probate court only has jurisdiction over misdemeanor traffic offenses that occur “in the county outside of municipal corporations .”3 According to Jones, a probate court accusation does not meet the venue requirement by merely setting forth the county of the offense. It must also allege other facts necessary to bring the case within the probate court’s jurisdiction, including that the crime took place outside the limits of any municipal corporation.

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