Colotl v. State
Colotl v. State
Opinion of the Court
Following a jury trial, Jessica Colotl appeals from her conviction for driving without a valid driver’s license.
Construed in favor of the verdict,
Prior to trial, Colotl proffered evidence that she had obtained a Class C
On appeal, Colotl argues that the trial court erred by denying her motion for judgment notwithstanding the verdict. As before the trial court, she relies on OCGA § 40-5-20 (a), which provides as follows, in relevant part:
No person, except those expressly exempted in this chapter, [8 ] shall drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license under this chapter for the type or class of vehicle being driven. . . . Any violation of this subsection shall be pun*44 ished as provided in Code Section 40-5-121, except ... if such person produces in court a valid driver’s license issued by this state to such person, he or she shall not be guilty of such offenses. . . .[9 ]
Thus, the emphasized language operates as a safe harbor for defendants who are cited for driving without a license, but who later produce a valid license in court.
Based on this safe-harbor provision, Colotl argues that the trial court should not have convicted her because she presented evidence that she had obtained a valid learner’s permit issued by the State of Georgia.
This conclusion is based on a plain reading of OCGA § 40-5-20 (a) and application of the rules of statutory construction.
Specifically, we apply the fundamental rules of statutory construction that require us to construe the statute according to its terms, to give words their plain and ordinary meaning, and to avoid a construction that makes some language mere surplusage. At the same time, we must seek to effectuate the intent of the legislature. Furthermore, this Court may construe statutes to avoid absurd results.12
The statute’s language is clear in its proscription that “[n]o person . . . shall drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license . . . for the type or class of
Furthermore, our holding is consistent with existing statutory and case law stating that OCGA § 40-5-29 (b) creates a legal presumption that a person lacks a valid license if she fails to produce a valid license to an officer requesting it at the time she is driving.
Judgment affirmed.
OCGA § 40-5-20 (a).
Id.
See Short v. State, 234 Ga. App. 633, 634 (1) (507 SE2d 514) (1998).
The officer’s authority to execute the stop was not challenged at trial or on appeal.
Class C vehicles are typical passenger vehicles, i.e., those with a gross vehicle weight not in excess of 26,000 pounds. See OCGA § 40-5-23 (c).
There was no other licensed driver in the vehicle at the time Colotl was stopped by the officer. Also, her pre-trial motion made it clear that she had obtained the license after her arrest.
In light of our holding herein, we need not address the State’s argument that Colotl was procedurally barred from making a post-verdict motion for judgment notwithstanding the guilty verdict in lieu of a timely motion for a directed verdict. See, e.g., State v. Canup, 300 Ga. App. 678, 680 (1) (686 SE2d 275) (2009) (“Because there is no provision in Georgia law authorizing a trial court to entertain a motion for judgment of not guilty notwithstanding a verdict of guilty in a criminal case, the court’s action [granting such relief] was procedurally unauthorized.”).
Colotl does not argue that she is exempted.
(Emphasis supplied.)
See, e.g., Rocha v. State, 250 Ga. App. 209, 210 (551 SE2d 82) (2001) (the “presumption may be defeated, however, if the defendant produces at trial their driver’s license and demonstrates that it was valid at the time of the [incident]”).
On Colotl’s pretrial motion to dismiss, the trial court appeared to rule that whether Colotl had a valid license was a question of fact for the jury. We hold that the applicability of the safe-harbor provision of OCGA § 40-5-20 presents a question of law for the court. Nevertheless, to the extent that the trial court erred, such error was harmless because Colotl could not meet her burden under the analysis of this opinion.
(Citation and punctuation omitted.) State v. Mussman, 289 Ga. 586, 588-589 (1) (713 SE2d 822) (2011).
OCGA § 40-5-20 (a).
See, e.g., OCGA § 40-5-23 (authorizing rules establishing “training, experience, or educational prerequisites”) and § 40-5-24 (outlining learner’s permit requirements).
See OCGA § 40-5-29 (b) (“A refusal to comply with [an officer’s demand to display a driver’s license] . . . shall . . . give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20.”). See Rocha, 250 Ga. App. at 211. See also Wickham v. State, 273 Ga. 563, 566 (544 SE2d 439) (2001) (“the various provisions of the [statute] should be viewed in harmony and in a manner which will not produce an unreasonable or absurd result.”).
(Emphasis supplied.) Rocha, 250 Ga. App. at 211.
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