This Court granted certiorari to the Court of Appeals in Shaver v. City of Peachtree City , 253 Ga. App. 212 558 SE2d 409 2002, to determine whether the Court of Appeals correctly held that a uniform traffic citation, see OCGA § 40-13-1 and the Rules of Department of Public Safety, Chapter 570-19-.01, cannot be used as a charging instrument for the non-traffic offense of underage possession of alcohol. See OCGA § 3-3-23 a 2. The Court of Appeals was incorrect in holding that the uniform traffic citation in this case could not be so used. Accordingly, we reverse. On September 16, 1999, Eric Shaver “Shaver” was arrested for underage possession of alcohol and issued a uniform traffic citation. The uniform traffic citation stated the offense and referred to the Code section alleged to have been violated, OCGA § 3-3-23. According to a stipulation in lieu of a transcript, prior to trial in the municipal court, Shaver objected to the use of the uniform traffic citation, arguing that it was not a valid charging instrument for non-traffic offenses. The Municipal Court of Peachtree City denied the objection, and Shaver was convicted and sentenced to pay a fine and serve a period of time on probation. On certiorari, the superior court affirmed the conviction. Shaver sought a discretionary appeal in the Court of Appeals, which granted review. See OCGA § 5-6-35 a 1. The Court of Appeals reversed the superior court, holding that a uniform traffic citation cannot be used to prosecute the non-traffic offense of underage possession of alcohol, and that consequently the municipal court lacked jurisdiction to try Shaver for the offense of underage possession of alcohol.
Municipal courts, such as the Municipal Court of Peachtree City, are granted jurisdiction “. . . to try and dispose of first offense violations . . .” of possession of alcoholic beverages by a person under 21 years of age. OCGA § 36-32-10 a.1 And the General Assembly has specifically provided that one charged with the offense of possession of alcoholic beverages by a person under the age of 21 may be arrested upon a citation which “shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation and the charge of his or her failure to appear as required.” OCGA § 3-3-23.1 d.
