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Beaman v. City of Peachtree City

A uniform traffic citation issued to defendant functioned as a valid summons or citation requiring her to appear in court and answer a charge of underage possession of alcohol in violation of a municipal ordinance.

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Allison Beaman was arrested for underage possession of alcohol and was issued a uniform traffic citation. During Beaman’s trial in the Municipal Court of Peachtree City, she moved to quash the use of the UTC, asserting that the citation was not a valid charging instrument for a non-traffic offense. The municipal court denied Beaman’s motion, and she was convicted of the offense. She then applied to the superior court for certiorari and that court affirmed the ruling. We granted Beaman’s application for discretionary appeal, and for reasons that follow, we affirm.

In the recent case of Shaver v. City of Peachtree City, 253 Ga. App. 212 558 SE2d 409 2001, cert. granted, this Court addressed almost identical facts. In that case this Court held that because no law authorizes the use of a UTC as a charging instrument for trying a defendant for the misdemeanor offense of underage possession of alcohol, the Municipal Court of Peachtree City was without jurisdiction of the matter. Id. 253 Ga. App. at 214. But Shaver and Beaman were not charged with the same offense. Shaver was charged with possession of alcohol by a minor in violation of a state law, OCGA § 3-3-23. Beaman was charged with a similar offense in violation of a municipal ordinance, Peachtree City Code § 6-109 b.

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