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State v. Pittmon

O.C.G.A. § 40-6-391 a 2 does not violate the equal protection clauses of the United States or Georgia Constitutions by affording disparate treatment for drivers charged under that statute and drivers charged under O.C.G.A. § 40-6-391 b.

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Larry Kent Pittmon was charged with violating OCGA § 40-6-391a2, driving under the influence of drugs to the extent it was less safe for him to drive. Citing this Court’s decision in Love v. State, 271 Ga. 398 517 SE2d 53 1999, Pittmon filed a general demurrer to the accusation, seeking to quash the charge on the ground that the statute violated the equal protection clauses of the United States and Georgia constitutions. The trial court found the demurrer to be proper and granted it, effectively dismissing the State’s accusation. The State, exercising its statutory right of appeal under OCGA § 5-7-1 a1, filed a timely notice of appeal from the trial court’s ruling.

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